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On The Registration System Of Case Filing In Administrative Litigation In China

Posted on:2019-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiuFull Text:PDF
GTID:2416330548983158Subject:Law
Abstract/Summary:PDF Full Text Request
The Establishment of the Registration system of Administrative Litigation in China,Great progress has been made in safeguarding litigant' s right of action and realizing procedural justice,At the same time,it is also has played a role in alleviating the problem about"difficulty of filing a case",and complaint letters and visits.However,while the channels of judicial settlement of administrative disputes have been unblocked,the system has also highlighted various defects:The standards of examination vary from place to place,the structure of examination is not reasonable,the number of cases is increasing "blowout",the court is faced with "contradiction of personal case",the phenomenon of overappeal and evil lawsuit is frequent,etc.All kinds of problems show that the Judge of the Chamber of Appeal face the confusion and inundation of the great reform of the filing system,which leads to the citizens'questioning and controversy about the judicial credibility.Filing a case is a key link for administrative disputes to enter the field of administrative litigation.Whether the design of this link is scientific or not is closely related to whether citizens' right of action can be guaranteed.Therefore,to find out the difference between the system and the system of filing and examining,to make the basic litigation idea and value concept contained in the system become a social consensus,to guide the people to exercise the right of litigation,and to make the registration system of filing a case play its due role.It is of practical significance.This paper combines the examples and data in the judicial practice,and at the same time draws lessons from the matching system of the foreign countries and the basic national conditions of our country,and perfects the registration system from three aspects:the implementing elements,the procedure design and the relief procedure.And put forward corresponding suggestions.
Keywords/Search Tags:administrative litigation, Right to Sue, File Register, Case Filing Investigation
PDF Full Text Request
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