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Study Of Handling Civil Dispute In Administrative Procedure

Posted on:2021-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:S T YeFull Text:PDF
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Since the 20 th century,with the changes of administrative philosophy,administrative power has been continuously expanded,and administrative power has gradually penetrated into the field of private law.With the increasing interweaving of the two legal relationships,it is becoming more and more urgent to establish an effective operational mechanism.The "collective trial" system has also emerged in this context.The Administrative Procedure Law of the People's Republic of China promulgated in 2015 established a civil dispute system for administrative cases.The implementation of this system has played a part in improving the efficiency of litigation,reducing the burden on the parties and saving judicial resources.There are still many areas for improvement in the initial stage of judicial practice.For example,the scope of the trial dispute is too limited,the judge's discretion is too large,the trial organization is professional,and the judgment is not clear.Therefore,it is particularly important and urgent to improve the administrative litigation and to examine the civil dispute system and properly solve the problems in practical use so as to better promote the further development of the cross-subject settlement mechanism.Throughout the paper,the author mainly studies the application conditions,scope,trial mode,and trial procedures on the basis of clarifying the concept and institutional value of the administrative litigation system,and proposes feasible suggestions.This paper firstly uses the classic case to bring out the administrative litigation together with the civil dispute system,and mentions the main problems encountered in the practical application of the system at the emergence stage,and then summarizes it mainly with the different theories of the academic circles and the analysis of related systems.The definition of the system,the evolution of legislation and the analysis of the value of the system,thus more affirming the inevitability of the implementation of the new system,laying the groundwork for the problems existing in the system below.Secondly,on the basis of the practice of jurisprudence,I analyze the applicable conditions and scope of application of the trial system,and discuss the legislation in combination with the specific scope of application,and give relevant suggestions for improvement.For example,there are conditions to expand the scope of the trial.Then we draw on the judicial solutions and approaches of similar systems in extraterritorial countries,and combine the judicial practice and theoretical results of our country to propose the treatment of the preconditions under the joint trial mode.Finally,based on the observation of the case,the case data is graphed,starting from the operating procedures of the system,and put forward the feasibility suggestions for perfecting the civil dispute system in China's administrative litigation,such as satisfying the appeals of the parties and establishing the system of interpretation of the judges.Organize professional trial teams and unified refereeing methods,and then improve the trial procedures,in order to benefit from trial practice.
Keywords/Search Tags:Simultaneous trial, scope of trial, trial mode, trial procedure
PDF Full Text Request
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