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Legal Regulation Of The Abuse Of Administrative Right Of Action

Posted on:2021-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2516306029482354Subject:Law
Abstract/Summary:PDF Full Text Request
The advancement of the registration and registration system reform has played an important role in removing the obstacles for citizens to exercise their administrative prosecution rights.However,some of the original intentions of the administrative litigation plaintiffs to use the registration and registration system to protect the prosecution rights and to implement the abuse of administrative prosecution rights to seek improper benefits.Corresponding to this is a weak response from legislation and justice.The abuse of administrative litigation rights has an impact on the administrative and judicial order,wasting judicial administrative resources.At present,the legal regulation of administrative litigation rights is at the initial stage.By studying the legal regulation of the abuse of administrative litigation rights,it is conducive to improving the judicial system and promoting the construction of the legal regulation system of abuse of litigation rights in China.This article first defines the concept of administrative litigation rights based on the analysis of the theory of administrative litigation rights in the academic field,combined with judicial trial practice,and provides regulatory directions for the abuse of administrative litigation rights by studying the causes and judgment criteria of abuse of administrative litigation rights.Secondly,by analyzing the current judicial regulations and legislation on the abuse of administrative litigation rights in China,the current legislative and judicial deficiencies of the abuse of administrative litigation rights in China are summarized.Finally,through comparative research methods,summing up the advanced experience of the abuse of foreign prosecution power regulation,combined with China 's current administrative practice of abuse of power regulation,from the clear regulation of the principle and judgment standards of the administrative prosecution power abuse;establish a diversified dispute resolution mechanism for administrative disputes;reform the charging system and establish Corresponding disciplinary measures for abuse of litigation rights set forth regulatory opinions for the current abuse of administrative litigation rights.
Keywords/Search Tags:administrative litigation rights, abuse of administrative litigation rights, legal regulations, disciplinary measures
PDF Full Text Request
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