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About Administrative Litigation Procedure For Trial Supervision Investigation

Posted on:2013-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:G S ShaoFull Text:PDF
GTID:2246330395961237Subject:Administrative Procedure Law
Abstract/Summary:PDF Full Text Request
At present, our country is in the socialist economic transformation period, all kinds of social contradictions activation, state organs and the citizen the contradiction between the universal existence and a contentious trend, administrative litigation aims to deal with resolve this contradiction. Administrative litigation procedure for trial supervision is to have happened legal effect but does wrong administrative verdict retrial, it start make the effective case to censorship, the purpose is correct judgment, and earnestly safeguard the party’s legitimate rights and interests, in China’s current social conditions, the procedure for trial supervision is a necessary and special\"to relief program,\" especially important position.Administrative lawsuit system of the procedure for trial supervision to better do seeking truth from facts, there is wrong will rectify, should clear start retrial procedure’s main body, the conditions and reason, and gradually reduce the retrial case until the legal trial stage internal solve all disputes, make the procedure for trial supervision become\"BeiErBuYong\", and the program stability should be its value orientation.In our country’s administrative litigation procedure for trial supervision is the current situation of the retrial case ratio is high, the reasons are:a, administrative litigation in short time, the imperfect legislation and judicial practice less. Second, the administrative trial case overall quality is not high. Three, the parties, the tie appeal to visit. The author thinks that the current law in the procedure for trial supervision provisions on there are still not perfect and defects, has the following several aspects:first, to the new evidence that\"time\" limit it difficult to grasp. Secondly, the number of retrial no explicit provisions. Three, no provisions of the interested people can apply for a retrial case. Four, in a retrial of the provisions of the conditions there are too broad faults. Five, in the people’s procuratorates exercise of administrative cases of the provisions of the right to protest too general. Six, the parties not only apply to the people’s court for retrial and to the people’s procuratorate protest application and clear how to deal with. Seven, to the retrial application is rejected, the cost of litigation on the not stipulated. Eight, the author in the judicial practice found that the court executive decision is final order, only through the procedure for trial supervision to error correction need to reform. The current administrative procedure for trial supervision system after years of practice proved to be scientific and reasonable legal system, the reform of the guiding ideology and the direction is:follow the principles of the socialist legal system, protect the lawful rights and interests of parties and lawsuit freedom, limited public power abuse, really seeking truth from facts, there is mistake to must rectify. Should be considered from the following aspects:first, to start retrial procedure for the reconstruction of the subject. Secondly, the level of trial reasonable perfect provisions. Three, to the procedure for trial supervision start time and times for provisions. Four, the procedure for trial supervision start on the main content of the statutory provisions. Five, the procedure for trial supervision of retrial procedure in the statutory provisions. Six, the procedure for trial supervision of implementation of mediation system. Seven, to the procedure for trial supervision shall not apply for a retrial of the case for provisions. Eight, perfecting the court internal mechanism, ensure the administrative litigation procedure for trial supervision reform smoothly.Administrative litigation procedure for trial supervision can better play the role of administrative litigation, the research is of great significance. Administrative litigation procedure for trial supervision start and perfect, the purpose is to correct the wrong verdict, ensure the trial of a case of right and justice, to ensure the interests of all parties concerned, seeking truth from facts, there is wrong will rectify, safeguard judicial serious and justice. In this paper, the administrative litigation procedure for trial supervision of the investigation and study, can play a valuable role, make each class to the program start have their own understanding and the understanding, make more people from the Angle of theory and practice on this program perfect provide their own opinions and Suggestions.In this paper a documented process, the author has used the three kinds of methods:first, the literature methodology. Second, data and case study method. Third, experience summary method.
Keywords/Search Tags:Degree thesis, Administrative litigation, Procedure for trial supervisionresearch
PDF Full Text Request
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