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On The Application Of The Right To Exposure In Administrative Litigation

Posted on:2020-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:M Y WangFull Text:PDF
GTID:2416330578479098Subject:Constitution and Administrative Law
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As a constitutional right,the right to exposure is based on the theory of People's Sovereignty.It determines that public power should be under supervision.Because of this,administrative litigation inevitably involves the application of the right to exposure.The so-called application of the right to exposure in administrative litigation,that is,the application and use of the right to exposure in the whole process of administrative litigation,covers the plaintiff,defendant,people's court and procedural prosecution,defense and trial.Because of the limited depth of judicial application of the right to exposure and the difference between this right and the administrative litigious right,the right to exposure is seldom effectively applied in administrative litigation.However,this does not mean that it has no value in the application of administrative litigation.The citizen's right to expose any illegal or dereliction of duty by any state organ or functionary and require to deal with according to law is an inevitable restriction of power.and an important means to avoid the state power's arbitrary deviation from the rule of law.It is also an important means to avoid power deviating from the rule of law.The application of the right to exposure in administrative litigation is constitutional.Strengthening the constitutional interpretation,unifying the rules of judgment,and determining that cases of the right to exposure are eligible to be included in the scope of administrative litigation are the feasible ways for the application of the citizens' right to exposure in administrative litigation.
Keywords/Search Tags:right to exposure, administrative litigation, right of administrative prosecution, implementation of constitution, interpretation according to constitution
PDF Full Text Request
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