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The Perfect Path Of The Civil Dispute System In China's Administrative Cases

Posted on:2019-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y PuFull Text:PDF
GTID:2416330545970328Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social economy,the process of rule by law is improving and people's awareness of law is improving day by day.When the administrative organs make specific administrative actions and infringe the legitimate rights and interests of the administrative relative,the administrative counterpart can actively use legal weapons to defend their rights and dignity.In the case of administrative litigation,more and more civil disputes are accompanied by the emergence of the new administrative procedure law,which has been a historic step in the process of the rule of law.To a certain extent,the establishment of the system will help to "accelerate" the litigation efficiency of the trial organization,help to "reduce the burden" of the litigant pressure of the parties,and help to "save energy" to the judicial resources of the judicial organs.However,in the early stage of the actual judicial practice,there are still a lot of areas to be improved.How to perfect the administrative cases and hear the civil dispute system so that it can better promote the continuous development of the cross cases of the people,and provide institutional guarantee and environmental support for the country under the rule of law in the sense of realizing it in our country.Looking at the full text,it is divided into three major parts,mainly from the administrative cases,the system operation of the civil dispute system,the main problems existing in the judicial practice in our country,as well as the perfect path for the problem put forward,to make a deep analysis and leak out the deficiency of the system.In the first part of this article,we mainly summarize the system of administrative cases and trial civil disputes,including the concept and background of the administrative cases,the concept and background of the civil dispute system,the necessity of the analysis of the system operation,and the simple introduction of the applicable conditions and scope of application of the system,the significance of the implementation of the system and the rules of its operation,and thus more affirmation of the new system.The inevitability of the implementation of the system and foreshadowing for the existing problems of the system.The second part of this paper focuses on the analysis of the system of the administrative cases and the trial of civil disputes,the main problems in the judicial practice,according to the sixty-first articles of the new administrative procedure law,which applied to the new administrative procedure law from 2016 to 2017,and the sample of the administrative cases and the trial of civil disputes,and the analysis of the present stage in China through the forms,statistics and case examples.The problems existing in the system and the reasons for their formation support the controversial focus in the case and data.The third part of this paper,through the summary of the problems existing in the judicial practice of the administrative cases and the trial of civil disputes,analyzes the ways and means of judicial settlement of similar systems abroad,actively draws and draws lessons from foreign administrative cases and tries to hear the legal system of civil disputes,and then according to the actual situation of our country,in combination with the judicial practice and theoretical results of our country.On the basis of this,we can guide the emphasis of this article,that is,to put forward the feasible suggestion of perfecting the administrative case and hearing the civil dispute system in our country,for reference.
Keywords/Search Tags:administrative cases civil disputes, problem analysis, improvement path
PDF Full Text Request
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