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Research On The Judicial Review Rules Of Administrative Agreements

Posted on:2019-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2436330566483893Subject:Legal theory
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Judicial review of administrative agreement cases has a long history of disputes in China.The rules for judicial review of administrative agreement cases in different places are different,from the lawsuit and acceptance rules of cases to the rules of trials and judgments of cases,due to the long history of administrative agreement cases in China.Judicial review does not have a clear legal basis,leading to many problems that have been formed in judicial practice.Although China's current Administrative Litigation Law has incorporated a small number of administrative agreements into the scope of administrative litigation,the rules for the examination of such cases in actual litigation are flawed and cannot fully apply to the administrative litigation system.Judicial review rules.Therefore,the article focuses on the study of the specific rules in the judicial review of administrative agreements cases,including the conditions for prosecution and admissibility of disputes,the scope of the administrative agreements,the relief rules of administrative subjects and administrative counterparts,the rules of law application,and the rules of trial and decision..The first chapter of this paper discusses theoretically the system of judicial review of administrative agreements.The second chapter deals with the rules of judicial review of administrative administrative cases in China based on the newly issued Interpretation of the Supreme People's Court on the Application of Administrative Litigation of the People's Republic of China in 2018.The status quo and its insufficiency in development are discussed and analyzed.In Chapter3,the rules of judicial review in countries with relatively mature judicial review of administrative agreements outside the territory are examined,and then appropriate reference is made.The last chapter of this article is based on the previous chapters.Suggestions for perfecting the judicial review rules for administrative cases in our country and constructing systematic judicial review rules are more conducive to the reasonable and effective resolutionof practical disputes,and the promotion of judicial review of administrative agreements cases will be more healthy and stable under the framework of China's rule of law.
Keywords/Search Tags:Administrative agreement, 2018 Judicial Interpretation, Judicial relief, Judicial review rules, Trial and judgment
PDF Full Text Request
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