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The Transformation Of The Scope Of Administrative Litigation In China Based On The Data From The Court Of F City From 1987 To 2011

Posted on:2015-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2296330473952989Subject:Constitution and Administrative Law
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On March 14, 2013, the eleventh session of the fifth meeting of the National People’s Congress passed the on modifying the decision of the < law of the People’s Republic of China criminal procedure law >.On August 31, 2012, the 11 th the 28 th session of the standing committee of the National People’s Congress passed the on modifying the decision of the < law of the People’s Republic of China civil procedure law >. The two procedural law both are the second modification since passed and force of. Now only after the administrative procedure law shall come into force by and has never changed. So, not the current administrative procedure law, there is no change of necessity and urgency, but because the forum method to modify the complexity of the issues are involved and the task of our legislature legislation and heavy legislature legislation ability of caused by the limitation as a result of the current system and mechanism of checks. In the administrative procedure law has history on the legislative agenda, it is necessary for us to do v. method should modify the content to conduct a comprehensive in-depth study.From the angle of thechange of legal texts, the scope of administrative litigation of gradually expanded trend. Based on the analysis onthe judicial data from the grass-roots court in F city, it is notdifficult to draw the following conclusions: the scope of acceptingcases in administrative litigation expands on the whole situation,but the results is not obvious as well as expected in practice; theprovisions of legislation of administrative litigation concerningthe scope of accepting cases obstruct the rights relief of peopleto some extent; the type of accepting cases in administrativelitigation gradually concentrates in the un-public securityadministrative cases, which reflects the stamp of the age that therole government plays is changing.This paper takes the grass-roots court in judicial practice of accepting cases of administrative litigation cases as the research subject, research is mainly focused on the development trend of the scope of accepting cases of administrative litigation in our country and realistic predicament, and Suggestions for the perfection of scope of accepting cases of administrative litigation in our country. The main research content is divided into five parts. The first part is the introduction, mainly introduced this topic research background, research significance and research methods. The second part is the legislative interpretation. Mainly introduces the scope of accepting cases of administrative litigation in our country the text of the evolution. The third part is the empirical analysis on F county court of accepting cases of administrative litigation cases from 1987 to 2011 for empirical research. The fourth part is the research conclusion. Mainly through administrative litigation of our country’s judicial practice analysis of the plight of the scope of accepting cases of administrative litigation. The fifth part is for the future. Mainly on how to perfect the scope of accepting cases of administrative litigation in China puts forward legislative Suggestions. The sixth is divided into conclusions.
Keywords/Search Tags:administrativelitigation, the scope of accepting cases, grass root, empiricalstudy
PDF Full Text Request
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