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View The Evolution Of The Administrative Litigation System From A Data Perspective

Posted on:2019-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:C W FuFull Text:PDF
GTID:2436330572458301Subject:The constitution and administrative law
Abstract/Summary:PDF Full Text Request
According to the characteristics of the evolution of the administrative litigation system since the promulgation of the Administrative Procedure Law,the promulgation of the administrative laws,regulations and judicial policies with great influence,and the analysis of the mapping of various data indicators,the development process of more than 20 years can be roughly divided into four stages: establishment,shaping,development and reform,which represent the four stages respectively and the different process of the development of administrative litigation system.During this period,through the implementation and implementation of laws and regulations,judicial interpretations,policies and measures,the administrative litigation system has played an irreplaceable role in resolving administrative disputes,supervising the exercise of power by administrative organs according to law,protecting the legitimate rights and interests of citizens,legal persons and other organizations,showing a spiral of development.However,for a long time,the data characteristics of administrative trials are different from those of criminal and civil trials,which makes some problems of administrative trials stand out under the prominence of data indicators,and then is over-interpreted under the influence of confirmatory bias.To accurately understand the current administrative trial situation,on the one hand,we need to break the prejudice,explore the range of the plaintiff's success rate,evaluate the effect of high withdrawal rate,interpret the subjective factors of high appeal rate,and pay attention to the double meaning of the rate of second instance retrial.On the other hand,through reliable and objective data analysis to accurately locate the real problems: rigid pursuit of data indicators,relatively weak administrative trial team and more inclined to defendant trial results.Finally,on the basis of comprehensive evaluation,we should distinguish between the current and long-term two perspectives.Starting from strengthening the ability of first instance to resolve administrative disputes,scientific trial management,the establishment of administrative courts and the strengthening of administrative trial organizations to seek solutions.
Keywords/Search Tags:administrative litigation system, data, indicators, development, confirmation bias
PDF Full Text Request
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