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Research On Confirmation Of Administrative Litigation Judgment

Posted on:2017-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:L Y JiangFull Text:PDF
GTID:2296330482497555Subject:legal
Abstract/Summary:PDF Full Text Request
Administrative litigation action confirmation judgement is refer to civil litigation confirmation judgment, at the same time,it develops according to administrative litigation practice demand and its own characteristics in administrative litigation.In 1989, the administrative litigation law in China, did not confirm the content of the sentence. In 2000 the supreme people’s court in the judicial interpretation added confirmation judgment.Its species include confirmation of legal sentences, confirmation, confirmation of illegal sentences and confirmation of invalid sentences. Because it is adapt to suit the practical needs and adds, playing the role of "temporary relief", there are many loopholes and problems. In 2014 new revision of the administrative procedure law in the the three terms of 74,75,76 prescribes the related content of confirmation decision, after revision, comparing judicial interpretation in 2000,we can see the changes and differences about the administrative litigation. The changes mainly reflect in these aspects:first, using the form of legislation to establish the administrative lawsuit confirmed judgment; second, removing confirmation of legal sentences and effective judgment which were explained by the judicature in 2000;Third, detailly providing the confirmation of illegal judgment, specificly divided into 5 kinds of circumstances; fourth, establishing the judgment standard of invalid confirmation,namely "significant and obvious illegalation", setting the two kinds of situations," no having administrative subject qualification" and "no basis". fifth, the original only condition judgment in a judicial explanation, defendant bear the liability for remedies and compensation,is expanded to "the people’s court set a ruling illegal or invalid",which increases the legitimate rights and interests protection of the administrative relative persons. New revision of the "administrative procedural law" has the rich content and concrete details about the administrative litigation declaratory judgment, effectively improving the system of the administrative litigation of our country confirmed judgment, providing solutions for many practical problems existed in the practice,with the purpose of the administrative procedure law protecting the administrative relative person legitimate rights and interests. Although the repair method greatly improves the administrative lawsuit confirmation judgment, there are still many problems.Based on the revision of the administrative procedure law, it studies the still existing problems and puts forward the perfect proposals. Article is divided into four parts:the first part is verification of the general theory for the administrative litigation judgment parsing, analysis and research of the connotation of the decision, the relations of administrative litigation judgment with other judgments, the specific application and functional, so as to better understand and apply confirmation of administrative litigation judgment; The second part is to discuss some aspects worthing using for reference of foreign confirmation of administrative litigation judgment,in order to better improve the administrative litigation of our confirmation judgment,so discussing and comparing the confirmation of administrative litigation judgment of Germany and the UK; The third part is combining the analysis contents of the second part,summary the problems existing in the administrative litigation of our confirmation judgment. this part summarizes the problems about confirmation of administrative litigation judgment in the administrative lawsuit legislation and judicial practice, only finding problems can better solve the problems, and better consummate our administrative proceedings. The fourth part is making pertinent suggestions of confirmation on administrative litigation injudgment, for the existing problems on confirmation on administrative litigation injudgment, according to China’s specific national conditions, in accordance with the purpose of administrative procedure law,enhance the relief in advance of administrative litigation declaratory judgment; Specify provisions of confirmation on administrative litigation judgment; at the same time,introduce interest measure method, strengthen the protection of citizens’ private interests, confirming that confirmation on administrative litigation judgment in the judicial practice plays its proper value and effect.
Keywords/Search Tags:Administrative Litigation, Confirm Illegitimacy, Confirm Void, Relief in Advance
PDF Full Text Request
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