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Research On The Ways Of Legal Relief To Resolve The Massive Administrative Disputes

Posted on:2018-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:X F XuFull Text:PDF
GTID:2346330518461576Subject:Law
Abstract/Summary:PDF Full Text Request
No relief no right,chinese current law provides four legal remedies to resolve the massive administrative disputes——administrative complaints,petition,administrative reconsideration and administrative litigation,But there are still some omissions and ambiguities along those ways,Which led to "don't believe law but petition","abnormal petition" directly,and so on.Which not only unconducive to protect the legitimate rights and interests of citizens,but also wastes a lot of judicial administrative resources.What more,it is unconducive to the settlement of the massive administrative disputes into the track of law extremely.How to use the legal remedies effectively to resolve the massive administrative disputes is an important issue we need to study.What are the problems in the legal remedies to resolve the massive administrative disputes currently? Why the current legal remedies do not play a role effectively in resolving the massive administrative disputes? How we consummate the legal remedies to the massive administrative disputes? This paper examines on the basis of the reality of the case,summarizes up the concept and characteristics of the massive administrative disputes,analyzes the problems and shortcomings of the legal remedies to resolve the massive administrative disputes.And try to start from positivism to find the best solution for the massive administrative disputes,strive to resolve the massive administrative disputes in the embryonic stage.So,this article is divided into four chapters to research on the ways of the administrative relief to resolve the massive administrative disputes,willing play a role for the study of the relevant areas of legislation in the future.The first chapter,overview on the massive administrative disputes and their remedies.Mainly includes the concept and characteristics of the massive administrative disputes;The Internal relevance between the massive administrative disputes and the group 's abnormal appealing events;The definition,type and setting principle of he legal remedies to resolve the massive administrative disputes.The second chapter,comparative analysis on the ways of the legal relief to resolve the massive administrative disputes.A description of the typical characteristics of foreign countries,and find some good ideas of perfecting the legal remedies to resolve the massive administrative disputes in our country.The third chapter,the problems and shortcomings in the legal remedies to resolve the massive administrative disputes.This chapter's study is on the basis of the real case,analyzes all kinds of the problems and shortcomings existing in the legal remedies to resolve the massive administrative disputes currently.The fourth chapter,perfecting the ways of the legal relief to resolve the massive administrative disputes.Because of the problems and shortcomings existing in the legal relief way,This chapter's study tries to put forward the perfect idea on the administrative complaints,administrative reconsideration,administrative litigation,innovative relief and so on.
Keywords/Search Tags:Massive administrative disputes, Abnormal petition, Legal relief
PDF Full Text Request
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