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The Text Summarized And Data Analysis: Empirical Research On The Administrative Judicial Policy Effectiveness

Posted on:2015-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:X XiaoFull Text:PDF
GTID:2296330467468019Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Judicial power is an important part of national power, the capacity is a key link ofnational capacity.2004-2006in the political context of ruling party emphasize on strengthenthe governing capability, the judicial organs begin to pay attention to the construction ofjudicial ability, and on the depth of his theory was of digging, the angle is more focus on theexpression of the ruling party’s ruling ability in the judicial field. Academic circles seems tolack of interest in the judicial ability proposition, made in the face of the research topic, stillthere are so many both theory and practice value of the selected topic, explore theadministrative legal policy for administrative judicial ability and the influence of judicialpractice is one of them. Compared with the "case guidance system" which rose in recent years,the judicial policy since the beginning of the judicial activities, has a more general andabstract the guidance of the specific judicial practice, it has lasted for decades. Maybe you cansay that to some extent, the policy is the embody of "ideology" in judicial field, also for thejudicial practice experience during the period of the summary and sublimation, clear, be bornof judicial policy to optimize judicial ability has the irreplaceable important role.At the same time, the judicial policy is also our observation of the change in the judicialsystem and social binary relation natural notepad, read out the specific period, for a specificlaw department of judicial policy, has been a clear evolution process and evolution rule of aspecific justice department. Respect to judicial policy change, compared with criminal justiceproceedings from "strike hard" to "rigid-flex ", with the system of civil justice proceedingsfrom weakening "functions and powers doctrine" to set up "the parties as the core", withmediation system proceedings from emphasizing to weaken and then to renaissance, depictionof the administrative judicial policy trial, on the basis of the absence of evaluation to specificpolicy in a certain period, difficult to be a story which is continuity, complete into all parts ofa logical self-consistent, and narrative structure is clear. This becomes every administrativelaw study heart block.This article is trying to collect all the2000-2011of relevant administrative judicialpolicy of this article, on the basis of combine and summary its content and idea, interceptionof three kinds of typical coherent administrative judicial policy: since2007’s in the spirit of"harmonious society" as the kernel of the administrative judicial policy, since2007’sadministrative judicial policy which is characterized by "reduced fee for the convenience of public" and the administrative judicial policy which carried out since2009and in policyguidance of "accusing the shunt", from the perspective of the different influence to thelitigation practice for observation, such as changes in the rate of year-on-year cognizance offirst instance, second instance and retrial, the maintain decision of first instance, secondinstance and retrial retention, in the same period of litigation the appeal rate,dropping oflawsuits rates fluctuation and so on, it is concluded that the three kinds of administrativejudicial policy evaluation in their policy was intended to do. Between different administrativejudicial policy practice effect has the intrinsic logical consistency-this article attempts tofrom local analysis to macro imaging-explore the administrative judicial policy of overalldevelopment track, to review administrative judicial evolution laws provide someunspeakable basis.
Keywords/Search Tags:the administrative judicial policy, policy text and data empiricalanalysis, the administrative judicial ability, the administrative judicial evolution rule
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