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The Research Of Ripeness In Administrative Procedure Law In The United States

Posted on:2013-07-06Degree:MasterType:Thesis
Country:ChinaCandidate:B B WangFull Text:PDF
GTID:2246330371976328Subject:Law
Abstract/Summary:PDF Full Text Request
Ripeness originate in the United States which is an important doctrine in the United States. Ripeness set the most fit time for the court to review the administrative action, avoiding early intervention to the administrative action, which has the vital significance in the administrative judicial practice. However, the study of ripeness in our country is less, it is only widely known by domestic scholars from Amercian Law written by Mingyang Wang. Ripeness has its own advantages, which has benefit to the balance between judicial power and administrative power.The judgement standards are the difficult and important point in the research of the ripeness. So, in the first chapter of this paper, we discuss the outline of the ripeness, in the second chapter we discuss the judgement standards by a large space though the analysis in detail. This study aims to find if ripeness can be used in the Administration Law of China. Therefore, in the third chapter, we discuss the indirectly reflects of ripeness in the field of administrative law. And then, in the chapter four, we discuss the thinking of establishment of the ripeness in our country.The research of ripeness in our country is inadequate. And, a lack of a system to standardize the time of review administrative action is the present situation. So, I wish everyone can have probably understanding to ripeness of U.S. though this paper, and hope our administrative law get further improved.
Keywords/Search Tags:ripeness doctrine, exhaustion doctrine, finality doctrine the time of judicial review
PDF Full Text Request
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