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Thinking Of Administrative Litigation Attorney Supervision System

Posted on:2016-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2296330461452832Subject:Law
Abstract/Summary:PDF Full Text Request
In our country, Administrative procedure law formulated itself has been regarded as an important step of democracy and the rule of law enforcement, the law promulgated and implemented with is that the internal social demand rather than spontaneous, government external aggressive results. When serving as vice chairman, director of the Legislative Affairs Commission of the Wang Hanbin was very put forward: "the formulation of administrative procedure law, is the law of criminal procedure, the civil procedural law(Trial) setting, a major event in China’s socialist legal construction, an important step is China’s socialist democratic politics construction." However, in the practice of administrative procedure law does not realize its legislative purpose fully, to resolve social conflicts and promote social harmony on the road snakes, difficult. Therefore, in this context, the administrative procuratorial supervision system will emerge as the times require, the system of the procuratorial organ set helps to better supervision of court trial work, contribute to the construction of a harmonious society, to help guide the parties through the legal procedural expression of demand, help the public to build good legal sense. But with the development of social diversity and social democracy, standard of value people and even social evaluation of administrative procuratorial supervision system is increasingly changing, in relative people of administrative legal relationship requirements on procuratorial supervision system is also undergoing significant change, which makes the lack of procuratorial supervision system is prominent day by day, until can’t fully to meet a variety of needs in administrative practice. Therefore, we in the premise of affirmed the significance of procuratorial supervision system and legitimacy, should face up to the defects of the system, to seek new breakthroughs system from the practical cases, so that the prosecution has the power of procuratorial supervision can play its function in the system more perfect, more effective under. Give full play to the judicial system has an important role in promoting economic and social steady development.The author through the analysis of typical administrative appeal case, profound connotation of administrative procuratorial supervision system and the necessity of its direct formulation, the legitimacy support the administrative procuratorial supervision system, and from the law, supervision effectiveness, evaluation and supervision mechanism combined department setting of one by one analysis of the disadvantages of this system. On the basis of legislation and supervision effect from the corresponding suggestions to perfect this system.
Keywords/Search Tags:Administrative proceedings, Procuratorial supervision, Protest, Prosecutor recommends
PDF Full Text Request
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