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Specific Administrative Act Violated The Law To Explore The Consequences Of The Litigation

Posted on:2014-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:H L SongFull Text:PDF
GTID:2266330425959111Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Legal consequences of administrative procedure law is a attaches great importance to the subject of administrative law in recent years, reflected our country administrative law focus on application and its value concept in the field of promotion. Conforms to the boom, this paper also through the surrounding all aspects of the administrative procedure law, a detailed discussion, and hope that on the basis of predecessors’ research, to find a real solution to this problem and is suitable for China’s national conditions and reasonable approach. At present, in the lawsuit consequences of administrative procedure law, there are many legal problems, mainly including:to violate the legal and administrative procedures all whether the specific administrative act shall be revoked; If has been revoked, if they are allowed unlimited remaking; If not will be revoked, for not to cancel the program illegal behavior, what action will be taken to deal more appropriate and perfect. The article was divided into seven parts one by one, and through the comparative analysis method, through introducing the system of Chinese and foreign, deeply dig the deficiency in our country on this issue currently, and deeply analyze its deep theoretical basis and reasons behind. To this, the article on the basis of the analysis, put forward the big improvement three aspects that include:strict control of the sentence "undo" scope of application; Correctly handling procedure independent value in administrative law status, to cancel after redoing it necessary restrictions; Restore and improve the package, the relevant provisions of the administrative procedure law in order to pass the rationalization suggestion for our country in the future research and render as a solution to this problem.
Keywords/Search Tags:administrative procedure, Illegal program, backout, Confirmthe illegal, invalid, supplement and correc
PDF Full Text Request
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