Study Of Administrative Withdrawal System In China

Administrative withdrawal is an important element in the administrativelitigation system, it is the embodiment of the administrative proceedings relative toexercise their litigation rights, the people’s court case a closed way. Administrativeproceedings for withdrawal of the settings properly, relative to the Protection of theRights and Interests, directly related to the important aspect of effectively maintainnormal litigation order. However, our country’s current system of administrativewithdrawal system design rough, the People’s Court the right to review the dummy,the withdrawal rate year round to maintain a high level of withdrawal problems ofsystem functions, coupled with judicial practice withdrawal closed by the reform andimprovement of the extensive use of the court and its practice, making China theadministrative withdrawal system is imperative. To proceed from the basic theory ofthe administrative withdrawal, combined with the legislative and judicial practice, tobe then made on the basis of a comprehensive review of the system perfect idea.The main content of this article is divided into five chapters:Chapter1: Introduction, a total of four, the first section on the two cases in thejudicial practice leads to research questions of this article. The second section is thetheoretical and practical significance of the research status of the system at home andabroad about the administrative proceedings withdrawal and continue to study theissue. Section III introduces the research methods. Fourth on administrative litigationwithdrawal of an overview of the system, including its definition, the nature andfunction of the role.Chapter2the system of administrative withdrawal legislation Comment. Sectionof our current "Administrative Procedure Law" legislation to require the withdrawalsystem combing introduced mainly applies for withdrawal treated as an applicationfor the withdrawal of the suit, according to the three forms of the withdrawal oftreatment. Judicial interpretation of Section II of the2008Judicial Interpretation ofthe Supreme People’s Court [2008]2administrative proceedings withdrawal of anumber of issues "(hereinafter referred to as" certain provisions ") were analyzed. In this paper, some problems exist in the legislative and judicial practice ofadministrative proceedings withdrawal system based on the interpretation of thelegislative and judicial interpretation of China’s administrative litigation system andcombing.Chapter3: extraterritorial administrative withdrawal of the system of assessment.From comparative law perspective on the United States, Britain and other commonlaw countries, as well as law, Germany, Japan, and China Taiwan and other civil lawcountries and regions of the withdrawal system study introduced and proposed reformof our withdrawal and improvement review of the withdrawal of the right to be madeclear from the court, the parties learn withdrawal before prosecution allowedrestrictions also need to focus on the defendant’s right of action.Chapter4: Improving the System of China’s administrative withdrawal. Theplight of China’s insufficient for withdrawal of the current administrative andlegislative and judicial practice, to improve our administrative withdrawal system fourbasic principles, namely the principle of judicial independence, the right to dispose ofthe principle, the principle of procedural justice, the principle of the effectiveness ofthe proceedings in the four principles improve our administrative withdrawal system.Based on the existing problems and shortcomings in the previously mentionedproposed measures to improve the administrative withdrawal system, includingimproving the administrative proceedings withdrawal of the specific content of thesystem and improve the protection of the defendant’s right of action.Chapter5:Conclusion. The bad current situation of development ofadministrative decision system is a specific phase of the product development processfor Chinese legal development. Along with the development of civil society,democracy, rule of law thought is unceasingly thorough, the national judicial authority,dropped "abnormal" phenomenon in practice will eventually disappear, theadministrative decision system will play its due effect.