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Exploring The Justiciability Of Internal Administrative Action

Posted on:2016-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:D DongFull Text:PDF
GTID:2296330503956439Subject:Law
Abstract/Summary:PDF Full Text Request
The scope of accepting cases administrative litigation has already attracted attention for many years. During the process, we can see that the imperfect law system in our country. Also the problems can not find good solutions after the development of polity and economy for many years. As we all know that, our Administrative Litigation Law was applied from 1st October, 1990. After twenty four yeas later, it was changed. We have to say that this modification attract lots of attention. In this change, the scope of accepting cases expands its range, which several types of cases are litigable. But the scholars still give ideas that there are some problems. We should know that our law system is improved gradually, if the system accept all the suggestions, the effect will not be good.We can see the hope after the changed laws and regulations, also there are different kinds of problems in our lives, therefore, in this article, what we pay attention to is the justiciability of the administrative approvals by the administrative organization. The administrative approvals belongs to the administrative document. From the nature of the document, whether take actions, this kind of document is internal file, people may be can not maintain their interests in the court. From the legal rules, this problem is excluded. So people can not find a good solution. Because of that, it is worth for us to discuss how to solve the problem which is about the justiciability of the administrative approval. In this article, based on the practical situation, the writer will collect some cases, and then clear up them, study the problems. After that, combining with some related theories, we can find the problems, and how the court solve them. At the same time, we should find the basis of the problem, and get a standard for it. Except for the development of domestic situation, the condition of the foreign country is also important for us to study. Through the comparison, we can find the shortages, and learn from it. As a result, our law system will be better and better. At last, the writer will make some suggestions, which enhance the lawsuit position of administrative approval and guarantee the interests of the people.
Keywords/Search Tags:scope of accepting cases, administrative approval, internal administrative action, justiciability
PDF Full Text Request
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