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A Study On The Issues Related To Judicial Review Of Administrative Non-litigation Execution Cases

Posted on:2020-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:M C LiuFull Text:PDF
GTID:2416330596992024Subject:Law
Abstract/Summary:PDF Full Text Request
Administrative non-litigation enforcement cases occupy a very important position in the trial work of the people's courts,which has obviously become an important part of the administrative trial.Therefore,the status of the censorship standard in this system is self-evident.However,the current legislation of our country stipulates the judicial censorship of such cases and relative issues in a very general way,which makes the courts confused in the censoring.This paper focuses on improving the judicial review of administrative non-litigation execution cases,through sorting the meanings,legal basis,important functionslegislation stipulations of our country administrative non-litigation execution system and figured out the existing problemsfrom below aspects: too general censorship standards,modalities of written review have drawbacks,the methods after censorship cannot meet the needs of judicial practice,review intensity needs to be mentioned and the too much discretion of judges.Finally,combined with the local interpretation of the judicial review of administrative non-prosecution execution cases and the cases occurring in judicial practice,putting forward the improving suggestions from the aspects of refining the censorship standards,introducing the hearing system and the principle of reasonable censorship in written censorship when necessary,adding the case closed ways after judicial censorship,enhance review intensity,improving legislative constructions and strengthening judicial supervisions,in order to be benefit the judicial censorship of administrative non-litigation enforcement cases.
Keywords/Search Tags:Administrative Non-litigious Enforcement, Judicial Review, Review Criteria, Review mode
PDF Full Text Request
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