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The Construction Of Chinese Administrative Court System

Posted on:2017-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:W LongFull Text:PDF
GTID:2296330482497989Subject:Constitution and Administrative Law
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Since the administrative litigation system established.Administrative power, restraint, supervision of administrative power, plays an important role in protecting the legitimate rights of the administrative counterpart. Along with the change of social environment, legal environment in our country also changes, China’s administrative judicial system has increasingly shown it’s drawbacks: the lack of administrative trial independence, administrative litigation cases can’t be accepted and difficulties in the implementation of the problem has seriously affected the administrative litigation in our country. Facing the dilemma of the administrative litigation, judicial system reform is a pressing matter of the moment of judicial system reform in china."Regulations on cross regional jurisdiction over administrative cases of the administrative litigation law" article eighteenth paragraph second of the establishment of administrative court system in our country, to achieve a breakthrough of administrative trial mode of procedural law on the space left. Established in 2015, the circuit court helps to alleviate the drawbacks of current administrative adjudication system. However, to make the disadvantages of the administrative trial system has been solved, the establishment of an independent administrative court is undoubtedly the most feasible way.The establishment of administrative court system in our country, must be in line with China’s national conditions, learn the successful experiences of foreign countries. Nature is the national judicial administrative court should be set under the Supreme People’s court. The independent exercise of administrative jurisdiction of the Supreme Court, in addition to outside supervision, any other organs, organizations and individuals are not administrative court intervention trial. Administrative court in accordance with the statutory procedures for the trial of administrative disputes, between the higher and lower levels of administrative court only supervision and supervise the relationship, there is no leadership, the administrative court is independent of the local organs of state power at all levels and administrative organs.This paper consists of four parts, the third and the fourth chapter are the core content. Focuses on the theoretical basis and mode of construction of administrative court system in our country, the construction and organization system of thoughts etc..The first part: introduction. Including the background, research methods and research significance, the main innovation of basic content.The second part: the summary of the administrative court. Through this chapter, on the concept of administrative court defines summed up the characteristics of the administrative court, and concludes the different organization of the administrative trial mode, in more fully on the basis, the selection of mode should be taken in the trial reform of China’s administrative system.The third part: the construction of the system of administrative court in china. Through this chapter, on the evolution of China’s modern administrative court to do is described and elaborated academia on construction of our country’s Administrative Court controversy. Analysis our country establishment of administrative court system the necessity and feasibility.The fourth part, the design of the administrative court system in our country. Including the construction of our country’s administrative court should consider the related factors and mode choice, also from the organizational system of the administrative courts, by the scope of the case, the administrative court jurisdiction aspects outlined the administrative court system in our country establish Thong. Finally, based on the summary of the contents of this article, we describe the development of China’s administrative court system.
Keywords/Search Tags:Administrative court system, Necessity, Feasibility, The reform of the judicial system, Judicial independence
PDF Full Text Request
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