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Research On The Scope Of Judicial Review Of Administrative Agreements In My Country

Posted on:2021-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:J NingFull Text:PDF
GTID:2516306302959799Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In order to effectively resolve disputes over administrative agreements,effectively protect the legitimate rights and interests of administrative counterparts in administrative agreements and promote the construction of honest government based on the rule of law,Cases of the Supreme People's Court regarding the handling of administrative agreement under the provisions of the several issues in the much-anticipated announced on December 10 th,2019,which explain the case should be further defined the administrative agreement related content,to solve the disputes of administrative agreement has a positive practical significance but,judicial interpretation using generalized and enumeration of legislative model to determine the scope of accepting cases of administrative agreement to judicial review,there are internal logic confusion can't end list Have problems such as the legislative blank,making judicial review scope of administrative agreement did not achieve the desired width,can't satisfy the need of judicial practice,the more administrative relative person's legitimate rights and interests cannot get timely judicial relief,therefore,the value target of the scope of accepting cases should be definite system on the basis of perfecting the legislation mode of rich content,increased further clarify and eliminate the protocol type,perfect the administrative agreement case guidance system,from five aspects to further expand the scope of judicial review administrative agreement,as much as possible in order to protect the administrative relative person's legitimate rights and interests at the same time to urge the administrative organ shall perform their statutory duties.
Keywords/Search Tags:Judicial review of administrative agreements, Scope Of Accepting Cases, Legitimate Rights, Administration
PDF Full Text Request
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