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On The Perfection Of The Procuratorial Supervision System Of Maritime Administrative Litigation In China

Posted on:2017-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiuFull Text:PDF
GTID:2336330512468142Subject:Law
Abstract/Summary:PDF Full Text Request
With the overall promotion of the decision of law-based governance and people's awareness of the rule of law,the demand of the maintenance of the legitimate rights and interests is also advancing.At present,in China's administrative judicial system,procuratorial supervision for the miscarriage of justice of the court and for the protection of the legitimate rights and interests of the public plays a very good role.On April 15,2016 the announcement of the implementation of "Administrative proceedings supervision rules of people's procuratorate(Trial Implementation)" promotes the development of administrative litigation supervision and has a very important significance to improve the administrative prosecution system.However,comparing with the supervision and procuratorial supervision system in civil and criminal litigation in the process procuratorate in administrative litigation in the law is rather weak,the current administrative procedure law of the relevant provisions of the administrative litigation procuratorial supervision system lags behind reality development:legislation stays in the principles,operability is not strong,procuratorial supervision system is not perfect,which makes procuratorial supervision function weaks in the administrative litigation.Therefore,whether in theory or in practice,it is necessary to recognize the administrative litigation system of procuratorial supervision system.The procuratorial organ of our country,as a special legal supervision organ of the state,also plays an important role in the legal supervision of maritime administrative litigation.From the current practice,the sound and perfect of the maritime prosecution supervision system has a positive and practical significance for ensuring the judicial justice,establishing the judicial authority,maintaining the national unity and the correct implementation of the legal system.But we should also recognize that the maritime But we should also recognize that the maritime administrative procuratorial supervision system in our country are still many deficiencies,such as imperfect legislation,supervision of the narrow range and single way of restricting the administrative litigation which limits the efficiency of procuratorial supervision.In the process of writing this article,the author analyzes the necessity of maritime administrative litigation procuratorial supervision by reference to a large number of relevant literatures,researching methods of comparative analysis,combining with the relevant research results of scholars,from the analysis of maritime administrative litigation connotation of procuratorial supervision in administrative litigation,combining with the theoretical basis of procuratorial supervision.Compared with the foreign administrative litigation procuratorial supervision system,China's maritime administrative litigation supervision system is summed up.At the same time,in view of the existing supervision system of the maritime administrative litigation problems the corresponding improvement measures has been put forward,The author hope to do something for the development of maritime administrative litigation procuratorial supervision system and the overall promotion of law-based governance.
Keywords/Search Tags:Maritime administrative litigation, Procuratorial supervision, system improvement
PDF Full Text Request
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