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Study On The System Of Registration Of Administrative Litigation

Posted on:2018-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2346330512990480Subject:legal
Abstract/Summary:PDF Full Text Request
"The problem of register" in administrative litigation seriously hampered the effective perform of civil litigation.In order to solve the difficult problem, the new Administrative Litigation Law promulgated on November 1, 2014 has made further changes to the administrative litigation filing method. Before the filing of the trial system to change the registration system. The establishment of this system has greatly safeguarded the legitimate rights and interests of citizens, legal persons and other organizations, and fully protect the litigation rights of the parties. Although in the new"Administrative Procedure Law" in the implementation process, the administrative litigation registration system has brought significant changes in the concept of justice,but in the judicial practice level there are still many problems to be solved. To this end,this article on the administrative litigation filing registration system itself and its related provisions of the shallow analysis and research, in the field of Anglo-American law and civil law system related to the study,the author of the current administrative litigation registration The lack of the system itself,and on this basis to make relevant recommendations.This paper first describes the connotation of administrative litigation registration system, including the definition of administrative litigation registration system and its established purpose. Secondly,by analyzing the present situation of the implementation of the administrative litigation registration system and the problems in the process of its implementation, it summarizes the positive and negative effects of the administrative litigation registration system, and finds out that the existing administrative litigation registration system itself The existence of defects. At the same time, the author also makes a research and analysis on the common law system and the administrative litigation registration system in the civil law system. Through the comparison with the existing administrative litigation registration system in our country, and in view of the administrative litigation registration system The implementation of the process of the existing problems, put forward the relevant recommendations. At the end of this paper, the author puts forward relevant suggestions on the administrative litigation registration system from the two aspects of the entity and the procedure, which includes the examination standard of the case,the exercise of the right of interpretation of the court, As well as the establishment of the relevant supervision and accountability system, through the establishment of the relevant supporting system, in order to improve China's current administrative litigation registration system, so as to better protect the exercise of civil litigation rights.This paper mainly focuses on the relevant provisions of the administrative litigation registration system and the related problems in the practice. The author thinks that we need to make further explorations on certain specific issues, and we need to make further definition of the related concepts. Through the practice of summary, the formation of a system, clear, operable, can promote the judicial rules and trial experience,and ultimately to achieve the system is expected to achieve the positive effects and value function.
Keywords/Search Tags:Administrative litigation, Registration, System of action Registration, System of action, Elements of action
PDF Full Text Request
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