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Research On Chief Executive Should Appear In Court

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:M D XuFull Text:PDF
GTID:2336330515986789Subject:Law
Abstract/Summary:PDF Full Text Request
Since the system of chief executive should appear in court put into effect,which was play an important role both in China's theoretical areas and practice areas.The third article of new "Administrative litigation Law" is explicitly stipulated that the system of chief executive should appear in court become the legal provision.On the one hand,completing the system of chief executive should appear in court is the crucial part of establishing the government by law,implementing the rule of law and promoting the process of judicial reform;On the other hand,the chief executive appear in court is not only in favor of the deeper development for judicial authorities,but also be good for establishment of completing a perfect relationship between rights and obligations in administrative litigation.So,there is necessity both in practice and theory to research the system of chief executive should appear in court.Based on the above expound,this paper divided into four parts:The first part,this paper making interpretation of common theory for the system of chief executive should appear in court,defining the connotation of this system clearly and analyzing the difference between the system of chief executive should appear in court and agency of administration litigation.Further,this part demonstrate the significance of the system of chief executive should appear in court deeply.The second part,This paper make a status analysis and existing problem.In practice,the chief executive should appear in court has been got a common phenomenon,but there is still some urgent problem need to be solved,such as the vague range,the low rate,the illusory form,the huge difference in each area of system for the chief executive appear in court and so on.The third part,this paper also analyze a series of reasons of problem for the system of chief executive should appear in court in our country,such as the reason of the law system in operation,the cause of the chief executives themselves,the bad external of judicial environment,the difference among other areas and so on.What the aim of above is that to found the breakthrough of the system of chief executive should appear in court,in order to put forward several conceives to perfect our system on institutional improvement and operation aspect.The last part,we put forward to all kinds of conceives of the system for chief executives appear in court.Directing the current situation and problem of ours system of chief executive should appear in court,the author think that we should take some measure to improve this system become perfect.The concrete content include below stipulations.At start,we should regulate the scope range of the chief executive appear in court clearly,meanwhile,stipulating the condition should be or not should be appear in court in detail.Then,we can try our best to improve the real effect and establish the judicial supporting measure of this system.As well,it is necessary to complete the security mechanism of appear in court and administrative organs.The last,it is also important to optimize the external environment of judicial administrative,found the interchange platform among each area and the mechanism of checking and evaluating.
Keywords/Search Tags:Administrative Proceedings, The Chief Executive, Appear in Court, Supervision and Accountability Mechanisms, Security Mechanism
PDF Full Text Request
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