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The Expression And Practice Of The Registration System Of Administrative Litigation

Posted on:2018-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhuFull Text:PDF
GTID:2346330515988016Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The registration system of administrative litigation has a significant influence on the parties to the administrative proceedings or the judicial organs.Due to deviation from the understanding of the system,especially the party will be regarded as a universal key prosecution think that the court should be filed;the judicial organ that registration system is to initiate the review;some scholars called for the extraterritorial petition system completely follow the registration system that can really protect the right to appeal,should hinder the system of the play.On the practice of law based on the needs of the registration system should be the expression of discussion,analysis by the court practice data,the registration system deficiencies in practice,and multi angle interpretation of the solutions,in order to better registration system.The introduction consists of four parts.The introduction part focuses on the investigation of expression and practice registration system on research has combed and elaborates the research background,theory and practice value,and the research methods and innovations to illustrate the difficulty.The first part focuses on theoretical analysis.Describes the background of filing registration system is implemented on the necessity and feasibility of combing to illustrate the registration system in the background of China judicial reform under the registration system from a practical point of view is necessary and feasible,but the need to better play the role of.The filing registration system expression meaning exploration into starting point to improve its shortcomings in practice,only through practice can clear the system and reality of the system of the proper meaning gap find don't fit the place.Therefore,through the registration system and the filing review system theoretical analysis and comparison of the complaint,for under the context of China judicial reform that filing registration system is the true expression: all of the receiving case filing can sit,is right and power balance.Then the paper discusses the value of the registration system to the society,the judiciary and the masses,and then demonstrates the significance of the registration system to the judicial practice in china.In the first part of the completion of the registration system should be the expression of the argument,the second part to the third part to empirical research aims to explore the feedback in the judicial practice registration system in the system should be the most true expression.The second part is the analysis and introduction of samples in Chongqing City People's Court of Yubei District registration system before and after the implementation of time within a year and the quantity of sample analysis,based on the total number,the number of the specific case and the relevant data receiving the complaint and the filing rate of the registration system after the implementation of changes.The third part is the summary and abstraction of the relevant data of the second part of the paper discusses the problems and reasons of the registration system in practice.In the case of government information disclosure of non normal growth,the administrative relative person to understand and apply the wrong registration system and information disclosure litigation procedure is more convenient than other suit all kinds of terms such as the causes of this problem.Secondly,the situation does not stand still.Responsible for the defendant prosecution involved in the case,involving the interests of large judicial organs take Taiji way in such cases "down" its evolution is not not cut,but in such cases the court petition still take this way.In addition,the court of the new case that "judicial relief" case filing procedure questionable,and court related facilities due to the lack of practice registration system are not very good can be attributable to the EC defects within the judiciary design.After grasping the deficiencies of the practice of the registration system,the fourth part aims to explore the direction of solving these problems.The first is regulation on government information publicity over action,through the legal definition of abuse of civil action and its corresponding penalties,and can improve the administrative litigation filing fees to solve this problem.In view of the situation that is not allowed to be cut,the court may take the initiative to supervise the handling of the case by the court at the next higher level,and reduce the occurrence of the case jointly through the methods of reconsideration and supervision.Finally,it is the rectification of the internal facilities set up to deal with the implementation of the current system.It is reasonable to believe that the improvement of the registration system of administrative litigation can better serve the practice.
Keywords/Search Tags:administrative litigation, registration system, expression and practice, improvement
PDF Full Text Request
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