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Research On The System Of Chief Executives Appearing In Court And Participating In Proceedings

Posted on:2018-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q GuoFull Text:PDF
GTID:2416330569975677Subject:Law
Abstract/Summary:PDF Full Text Request
In 2014,the administrative procedural law,which has existed and operated for more than 20 years,has been modified a great deal.The amendment to the administrative procedural law in China has attracted much attention since it was the first major revision of the law in the fourth Plenary Session of the 18 th CPC Central Committee.For the administrative litigation law in China since the promulgation of the first large-scale changes,this change is a positive response to the theory of socialist rule of law with Chinese characteristics,some places after long-term judicial practice test effective trial experience up to the mandatory provisions of national legislation,the legal system of governance has very distinctive features for our country the formation has a positive role in promoting.This time the administrative procedure law amendment has very many highlights,summed up about ten points.For the study of the highlights of the revision of administrative procedural law,the author pays more attention to the relevant description of the chief executive's need to appear in court in the general provisions.Study on the system of our country,the relevant results of the current study is controversial,one of which is about the legitimacy of the system of the dispute,now the National People's Congress passed the amendment form affirmed the legitimacy of this system.The amendment reflects the Chinese wisdom of the legislators in solving the problem of administrative trial,and has obvious Chinese characteristics,so it is necessary to make a thorough interpretation of it.At present,there are still many places that can be discussed.The author of this paper will analyze and study it from different angles,and discuss the rationality and future trends of this system in china.Specifically,this paper can be divided into three parts.First of all,the first chapter is a review of the system,understand the sequence of events and the system value of the system;secondly,the second chapter is the comparative analysis of this system combined with the situation at home and abroad,combined with the practice of the reality of this system and in-depth understanding of the advantages and disadvantages.The third chapter is mainly through the inspection system of some foreign administrative litigation system in developed countries to analysis;finally,the fourth chapter is mainly based on the practical operation situation and the foreign experience put forward suggestions for improvement of this system.
Keywords/Search Tags:Chief executives, Appearing in court and participating in proceedings, System interpretation, Administrative litigation
PDF Full Text Request
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