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The Plaintiff Qualification Problem Research In Housing Registration Administrative Cases

Posted on:2017-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ZengFull Text:PDF
GTID:2296330485465423Subject:Law
Abstract/Summary:PDF Full Text Request
There are more and more administrative litigation cases caused by housing registration.In such cases, the plaintiff qualification has always been the focus of controversy. In the processing of housing registration administrative litigation case, the plaintiff qualification is an important step to ensure the entrance of the housing registration administrative litigation case into the administrative litigation smoothly. However, currently, in housing registration administrative litigation cases, due to the influence of various factors, the plaintiff qualification is very difficult in housing registration administrative cases.According to the relevant laws and regulations of housing registration, characteristics of housing registration behaviors and difficulties in the plaintiff qualification in housing registration administrative proceedings are summarized, aiming at analyzing the problems of plaintiff qualification in housing registration administrative proceedings, i.e. definition of the scope of the administrative relative person, definition of interested party, entanglement between private law relief and public law relief. The shortcomings of the current standards for plaintiff qualifications in housing registration administrative litigation are evaluated and analyzed objectively, through the analysis of the current standards for plaintiff qualifications in housing registration administrative litigation, combined with related judicial interpretations and courts’ decisions, which includes behindhand ideas of the court for plaintiff qualification in housing registration cases and incomprehensive plaintiff qualification of relevant laws for the housing registration cases. On this basis, relevant suggestions to improve plaintiff qualification in housing registration administrative litigation are proposed, which is to uniformly apply the judging standards established by Administrative Procedural Law, grasp the scope of the interested party leniently and fully reflect the needs of the civil rights relief. This paper insists on treating the plaintiff qualification standards in housing registration administrative litigation in the developmental perspective, which is suitable for the fact that the consciousness of current civil rights is gradually strengthened and the plaintiff qualifications in administrative litigation are wider and wider.
Keywords/Search Tags:Housing registration, administrative litigation, plaintiff qualification
PDF Full Text Request
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