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The Legal Effect Of Pacification In Process Of Administrative Reconsideration

Posted on:2012-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y CengFull Text:PDF
GTID:2216330338971882Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
After the regulation of enforcement of administrative reconsideration being carried out, administrative reconsideration began used widely in practice with brilliant forms. However, practice is always conducted by perfect theory. In order to perfect the institution of administrative reconsideration, the author considers and improves it by angle of effect of administrative reconsideration. The passage divides into four parts. The first part discusses related concept of administrative reconsideration, including the definition of reconciliation, definition and nature of reconciliation in process of administrative reconsideration, two patterns of administrative reconsideration, including contracted pattern and withdrawal pattern. This part mainly discusses administrative reconsideration in a whole, as a basis for discusstion of legal effect of reconciliation in process of administrative reconsideration. The second part specifically talks about the legal effect of reconciliation in process of administrative reconsideration. It mainly includs the elements of effect, discusstion and choice of created effect and affirmed effect entity, res judicata and execution procedural. Speaking with res judicata,it mainly talks about the objective area .That is to say, the range of res judicata only indicates the treatment of the specific administrative act related reconciliation agreement, except the reasons of specific administrative act. Execution means reconciliation agreement can be applied to be excuted forcibly. The third part discusses the effect of reconciliation in process of administrative reconsideration to other interested parties which divided into the third people and the new third people. Part four mainly discusses the defect of effect, defect review, defect relief of reconciliation in process of administrative reconsideration. Defect of effect includs two cases ,that is invalid and revocable. Defect review includs the subject, the time, the methods, the principles, and the effect.
Keywords/Search Tags:administration, reconsideration, pacification, res judicata, proportionality principle
PDF Full Text Request
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