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Research On The Perfection Of Procedure For Trial Supervision Of Administrative Litigation In China

Posted on:2018-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:L FuFull Text:PDF
GTID:2346330512482967Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Administrative litigation procedure for trial supervision is a kind of relief procedure applying to effective verdict.Because of its remedy value,administrative litigation retrial procedure is of great importance in the whole litigation system.To improve retrial procedure is,at one hand,in favor of safeguarding litigants' legitimate rights.On the other hand,it is beneficial to the impartiality and correctness of the retrial.Thus it becomes an indispensable part of Chinese legal construction,which aims to solidate the trial authority and guarantee judicial justice.However,in our country,due to some disturbing factors,for instance,the excessive power of litigation guiding ideology,the time limitation of administrative retrial and some shortcomings of legislation and judicial practices,the administrative litigation retrial procedure needs to be improved timely.Therefore,it is indispensable to improve the administrative litigation retrial procedure under in a scientific and reasonable way so as to play its retrial role effectively.In this paper,based on theoretical and practical research of the administrative litigation retrial procedure in our country and faced with some deficiencies in the legislation and guarantee of administrative litigation procedure for trial supervision,the author intends to use the mature experiences of the civil trial monitor programs both home and abroad,thus proposing an idea to complete the legislation of administrative litigation retrial procedure and safeguard of litigation retrial procedure.This paper is divided into six chapters.The first chapter introduces the background of the topic,the significance of the topic selection,the research method and the research status at home and abroad.The second chapter is the outline of the procedure of administrative litigation trial supervision,defines the concept of trial supervision procedure,introduces the theoretical basis of the trial supervision procedure,combs the development process of the administrative trial supervision procedure in our country,analyzes its relationship and difference with the civil procedure trial supervision procedure.The third chapter is about the introduction and evaluation of domain related system,and expounds the enlightenment and reference of extrajudicial legislation on China.The fourth chapter discusses the current situation of the administrative procedure of administrative litigation in China from the aspects of legislation and practice,andreconsiders the shortcomings.Chapter five is the perfection of the procedure of supervision and adjudication of administrative litigation in our country.According to the discussion in chapter four,the author puts forward the countermeasures of concrete measures and supporting mechanism.Chapter six is the conclusion.
Keywords/Search Tags:Administrative litigation, Procedure for trial supervision, Perfection measures
PDF Full Text Request
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