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Research On The System Of Administrative Litigation Registration

Posted on:2018-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:S ChenFull Text:PDF
GTID:2346330518486298Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
China's filing system by filing review system into the registration system,its purpose is to effectively protect the legitimate right of the parties and the court's supervision of filing work,so as to maintain the effect of social fairness and justice.Now,the registration system in the field of administrative litigation has been used for a year and a half years,which can effectively alleviate the difficult problem of filing administrative litigation,the increased amount of filing,but in many cases the entity trial stage or "inadmissible" or "dismiss" ended,and the parties abuse the phenomenon is more seriously,these phenomena also revealed that the registration system has the problem in the design of the system.First of all,the system does not require the court to take the whole traces for recording of its filing work,this will lead to the court lack of normative and not conducive to the party supervision work of the court;secondly,the most significant feature of the system and filing review system is only to distinguish between elements of the form review,but in the provisions of the prosecution condition still exists in some substantive and not clearly defined the scope and standards of review on the conditions of prosecution,the court still has discretion in carrying out some case review,which will lead to part of the case is still difficult to escape the fate of "not to file";secondly,the system lacks supporting measures in order to ensure the corresponding play the biggest role,especially the lack of substantive provisions of triage work sectors caused by the case in entity The trial carried out,it will waste the limited resources of the trial of administrative cases,lack of lack of Supervision Department filing and supervision procedures at the same time,is not conducive to the supervision of the parties and effectively seek judicial relief;finally,because some parties think that the registration and filing court filing in the prosecution stage and be wrong review,lead to the abuse of litigious right is part of course,some of which are not parties to the case to trial as the ultimate goal,they will serve as a bargaining chip to negotiate with the executive administrative litigation,the court attempted to give maximum administrative pressure for their own interests,but this will cause unnecessary waste of judicial resources and the abuse of behavior will delay the realization of the legitimate rights and interests of others,so excessive The lack of action and standard of punishment is the root of the abuse of the right of parties to secure to rely on.Based on the above considerations,this paper will put forward the corresponding solutions to these problems so that the registration system can run better and play its due role.
Keywords/Search Tags:Registration system, Formal elements, Substantive elements, Substantive examination
PDF Full Text Request
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