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Research On The Problems And Countermeasures In The Registration System Of Administrative Litigation In My Country

Posted on:2019-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:K T SongFull Text:PDF
GTID:2436330596959530Subject:legal
Abstract/Summary:PDF Full Text Request
The implementation of the registration system in administrative litigation is an important change in the acceptance of administrative litigation cases.Determining “registration of registration” in administrative litigation is itself a breakthrough.This is of great significance for safeguarding the parties' right to appeal,safeguarding social fairness and justice,and promoting the progress of the rule of law.If the law wants to gain long-lasting vitality,it needs constant self-evolution.China's administrative litigation case acceptance system has changed from filing review system to filing filing system,in order to eliminate the obstacles to the high-order litigation case,and to overcome the problem of selective filing of the court under the intervention of administrative agencies in administrative litigation,so that every citizen has The opportunity to make their litigation rights allows both procedural justice and substantive justice to be realized.Due to the rush of legislation,the new Administrative Procedure Law has not changed the conditions for prosecution under the “Case-Based Review System”.The problems of high-level prosecution conditions,vague examination content,and strict examination standards still exist,and the problem of difficult administrative filing is not really solved.After the implementation of the registration system,it also brought many challenges to the court.The division of court functions and administrative trial functions are unclear.The prior review of the litigation entity requirements by the administrative filing court not only wastes judicial resources,but also reduces the efficiency of administrative trials.The contradiction between the small number of administrative trials and the number of administrative litigation cases has intensified.In addition,some public misunderstandings about the registration system of the case,when they are dissatisfied with the administrative actions made by the administrative organs,they choose to use excessive abuse and malicious lawsuits to exert pressure on the administrative organs to achieve their rights protection purposes.Under the background of the reform of the judicial system,due to insufficient preparations for the reform of the administrative litigation filing system,there are many problems in the landing of the administrative litigation registration system.If the problems arising after the implementation of the administrative litigation registration system are not resolved,it will not only lead to the registration of the registration system,but also affect thenormal development of the administrative trial of the court.In the face of real problems,we can't turn a blind eye.Since the implementation of the administrative litigation registration system,preliminary results have been achieved.In order to solve the problem of “difficult landing” in the administrative litigation registration system in China,we must improve the administrative litigation registration system.Through the analysis of the causes and development process of the administrative litigation registration system in China,and drawing on the excellent experience of the Western countries' administrative litigation registration system,we try to distinguish the content of the prosecution and the litigation requirements in the administrative litigation law of our country,and clarify the content of the review and the review criteria.To optimize the administrative filing function and the examination and approval function,and establish a way of abuse and malicious litigation disciplinary mechanism to buffer the problems brought about by the administrative registration system.
Keywords/Search Tags:administrative litigation, filing registration system, prosecution requirements, litigation rights
PDF Full Text Request
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