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Jurisdiction Of Administrative System Of Defects And Improved

Posted on:2012-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:G D WangFull Text:PDF
GTID:2166330338457542Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Administrative judicial jurisdiction system administrative judicial system as a whole, an important component of its legislation to set the scientific rationality of administrative fairness of the trial, the accuracy of the results of the administrative trial, the authority of the administrative trial, the credibility of the administrative trial on the the acceptability of the results of administrative trials, are a huge impact. Current "PRC Administrative Litigation Law" established in the jurisdiction of the administrative judicial system flawed, the flaws to some extent hampered the administration a fair trial, right in the outcome, is not conducive to the rational shaping executive authority of the trial, resulting in administrative trials decline of social credibility and administrative socially acceptable outcome of the trial was reduced. However, from the point of view should be, we should reconstruct the jurisdiction of administrative adjudication system. Level in the administrative jurisdiction of the trial, the primary administrative cases of first instance by increasing the level of the competent court, the larger quantity to reduce our country's grassroots people's courts of first instance the jurisdiction of administrative cases, in general terms the intermediate people's court of jurisdiction The scope of administrative cases of first instance, reconstruction of the High Court of first instance the jurisdiction of administrative cases, and general provisions specifically enumerated in the Supreme Court accepted the scope of administrative cases of first instance, to improve the administrative system of trial jurisdiction, the level of jurisdiction legal system; territorial jurisdiction in the administrative judicial system, we should be given to administrative cases of first instance to choose the jurisdiction of the court the right to establish courts of first instance administrative cases remote jurisdiction, to further clarify on the property the exclusive jurisdiction of administrative cases, under the jurisdiction of first instance of common administrative proceedings, the defendant should try to avoid the main seat of the Court's exercise of administrative jurisdiction, and so measures to achieve complete territorial jurisdiction of the administrative purpose of the trial; in the administrative jurisdiction of the trial decision, the administrative proceedings in the existing laws should be established in the principles of forum non conveniens, to give the court jurisdiction of administrative cases, or certain aspects of some flexibility in the discretionary power to improve the administrative judge ruled that the jurisdiction of the system.
Keywords/Search Tags:administrative justice, jurisdiction system, promotions jurisdiction, different places under the jurisdiction
PDF Full Text Request
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