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Administrative Litigation Defendant Accreditation Standards

Posted on:2015-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q C R RenFull Text:PDF
GTID:2266330431451882Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Current " Administrative Procedure Law " was promulgated and implemented epoch-making significance of democracy and the rule of law in our country in the process, which not only greatly promoted the pace of China’s rule of law in government construction, but also for the protection of citizens’rights and ensure social stability play an extremely important role. However, with the rapid development of China’s economy and society as well as to further deepen the reform of public administration, the existing administrative proceedings the defendant that qualification criteria not only did not achieve the desired effect, but resulted in the recognition of the defendant’s administrative litigation increasingly complex, administrative defendant too narrow, resulting in a blank public authority relief, wasted resources, and many other negative impact of litigation brought disadvantages can not be ignored administrative proceedings to determine the defendant. Current administrative proceedings the defendant accreditation standards seriously hamper the sound development of China’s administrative litigation system can even say that the construction of the rule of law has become a stumbling block in the social process. Therefore, in order to better meet the needs of the construction of the objective rule of law and better protect the legitimate rights and interests administrative relative person’s need by restructuring administrative proceedings the defendant that qualification standards to improve the administrative system so that litigants can better adapt development of China’s economy and society.In this paper, administrative proceedings the defendant to confirm eligibility criteria for the study, in the context of administrative proceedings the defendant precisely defined concepts based on the current provisions of the Administrative Procedure Law on Administrative Defendant qualified to analyze its shortcomings, but by drawing on advanced foreign administrative proceedings philosophy, uphold the convenience litigation, the defendant, the defendant and the principles of administrative proceedings separate from the administrative body in the form of sense to distinguish between the defendant and the real sense, and then offered to the public authority acts as an administrative standard administrative proceedings the defendant accreditation standards. And further elaborated connotation administrative standards of conduct of public authority and responsibility to determine the problem and the defendant’s commitment under the standard questions, finally, to further improve the scope and Administrative Litigation Law and other relevant laws and administrative organization made some of his own views, to benefit.
Keywords/Search Tags:Defendant qualified administrative proceedings, Extraterritorialadministrative litigation system, Standard administrative body
PDF Full Text Request
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