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Research On L District Court's Case-filing Register System In Administration

Posted on:2017-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:T S DongFull Text:PDF
GTID:2336330512950005Subject:Law
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The new Administrative procedure Law prescribes that administrative cases should be accepted in case-filing register system. It is corresponding to the legislative intent of protecting citizens, legal persons and other organizational legal rights. It adds benefits to the register difficulties of people suing the officials. This is a big step for supervising administrative right and ensuring citizen's right to appeal. It plays a significant role in safeguarding the authority of justice and building socialist country governed by law. It's transformation has a solid theoretical foundation from case-filing review system to case-filing register system. Both on the current judicial system in a major breakthrough, it is also a major step forward in the protection of human rights. Case-filing register system in administrative proceedings protects the right to appeal of the administrative counterpart as the core. In order to get effective implementation and expected result, it is significant of completing case-filing register system to build a balance in judicial practice.In the initial of case-filing register system in our country, the effect of administrative cases is particularly evident. The author collected administrative data in order to explore operational aspect. The author analyze the L district Prosecution Court's survey data from 2010 to 2015 as sample, by co-working with judge and comparing the data of case-filing review system to case-filing register system. Analysis of case-filing register system initial operation is good to inquiry revealed shortcomings and put forward opinions and suggestions. Case-filing register system has great impact on administrative cases. As for primary court, there is problems of the trial pressure, malicious litigation increasing, related measures blank, filing supervision blank and lack of implementation details. And more, indefinite review standard is easy to cause the return to review system in judicial practice so that it's more like superficial change. It should be improved in five ways, such as perfecting pre-trial preparation routine, establishing malicious prosecution sanctions and supporting measure, Strengthening of internal and external supervision and accountability mechanisms and mulling rules. First of all, it's important to improve the pre-trial procedure, relieve trial pressure, expand court clerk's scope of case-filing review, establish pre-trial procedure dividing system and perfect pleadings. Secondly, it's crucial to establish sanctions of malicious prosecution, such as punitive way in details and no waste of judicial resources. One more, the establishment of supporting measure, multiple alternative dispute resolution, hearing system and service measures can't be ignored. At the same time, internal and external supervise, responsibility assigning mechanism, punishment of internal infringement and internal publicity of complaint and the appeal are the emphasis. Finally, it's worth that making registration details, dividing case and trial and unification of review standard are putting on the schedule.
Keywords/Search Tags:Case-filing Register System, Administrative Litigation, Malicious Prosecution, standard of Review
PDF Full Text Request
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