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A Study On The Verdict Form Of Administrative Proceedings

Posted on:2011-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:H Y SiFull Text:PDF
GTID:2166330332469810Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
《Administrative Procedure Law of The People's Republic of China》has implemented 20 years. It has played a major role on people's courts correctly and timely handling of administrative cases, protecting the legitimate rights and interests of citizens, legal persons and other organizations, Maintenance and supervision of administrative organs in the exercise of administrative functions and so on. However, with the development of society, administrative cases increased and got complex, gradually exposed the lack of the Administrative Procedure Law in judicial practice. So the systems of Administrative Procedure verdict form as an important system of Administrative Procedure Law, there is no exception. Main issues: Firstly, the type of administrative proceedings verdict form is few, which can not meet the needs of judicial practice, So many administrative cases can not seek the suitable verdict forms. Secondly, the provisions of verdict forms for the various conditions those were not specific enough, and reasonable, so that judges can not be accurately applied verdict form. This article firstly studied on the system of administrative Procedure verdict form, analyses the relevant theory. Secondly, it described the form of foreign administrative Procedure system, building on its merits. Finally, discusses the status and deficiencies of administrative Procedure verdict form, and make perfect countermeasures.Paper is divided into four chapters:Chapter I: The basic theory of administrative Procedure verdict form, this chapter introduces the general theory of administrative Procedure verdict and general theory of its form, further elaborated the significance of studying on the form to administrative Procedure judgments, and summarized the impact factors on the form of administrative Procedure judgments.Chapter II: The extra-territorial provisions of administrative Procedure verdict forms and its reference, this chapter introduce the relevant system of the representative countries and regions, to extract part from that should be summarized for our country to learn.Chapter III: The status and defect analysis of our administrative Procedure Verdict forms, this chapter outlines the seven sentences of our existing forms, described the concept and the applicable conditions of the verdict forms, in-depth analyze its defects.Chapter IV: The perfect of administrative Procedure Verdict form, this chapter first ruling against the existing administrative proceedings to perfect the form of defects, and proposed verdict forms should be increased four - against sentence, the middle sentence, part of the sentence, sentence correction.
Keywords/Search Tags:administrative proceedings, verdict form, issue, perfect
PDF Full Text Request
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