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The Referential Significance Of The Japanese Administrative Disobedience Review Law's Change To Chinese Administrative Reconsideration Law

Posted on:2017-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2346330536466707Subject:Law
Abstract/Summary:PDF Full Text Request
The administrative reconsideration not only is the means of relief for civil rights,but also the way as a internal supervision for the administrative organ.Since we are now in a period of social transition,all kinds of social contradictions are more and more intense.Therefore,the all social various aspects hope that the administrative reconsideration system can play its proper role.But the practice has proved that the actual effect of the administrative reconsideration system in China is worried,solving disputes in time?reducing the financial burdens of court and making the convenience of system goals which the law envisioned are not very well,the administrative reconsideration system have many "troubles" in a lot of palace.However,in Japan,because of its culture and history,the revolution and development of the administrative reconsideration system has its unique feature,therefore it is worth to analyzing.By modifying The Law of Administrative Reconsideration of PRC,the author studies on the change and development of the Administrative Disobedience Review Law in Japan,analyzing the main modification content of Japanese “Administrative Disobedience Review Law”,such as importing the trial member system,enabling the administrative defy conventions consultation program,adopting the adversary trial method to improve the impartiality of the trial;by extending the time of review requests,unified the review request process,staging the review requests,repealed,reducing the pre-review requests to improve the ease of using,by regulating the administrative relative person can put forward to disposing,suspending the administrative guidance and other requirements,expanding enrichment relief programs to enrich and expanding the means to relief the citizens.Compared with the law of our country by analyzing above,thus we can learn from the administrative reconsideration system in Japan.Such as expanding the scope of administrative litigation,improving the independence of the administrative reconsideration hearing organ,improving the independent of administrative reconsideration hearing,exchanging the written review principle to adversary review principle,reference the Japanese proclamation system,connecting the administrative reconsideration and reporting system,regarding the cohesive relations between the administrative reconsideration and administrative litigation.
Keywords/Search Tags:Administrative Reconsideration, Administrative Disobedience Review, Administrative Remedy
PDF Full Text Request
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