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Research On Administration Lawsuit Attached Question

Posted on:2008-10-14Degree:MasterType:Thesis
Country:ChinaCandidate:R X ZhengFull Text:PDF
GTID:2166360242957257Subject:Law
Abstract/Summary:PDF Full Text Request
In trial practice, are often appeared with the complexion of administration lawsuit, civil lawsuit and criminal law suits intertwined with one another, and this will appear the attached question easily. because of the current laws and regulations as well as the mode of trial is imperfect, and theoretical academic research is also not reach the depth of this problem, so that in dealing with such issues, the courts apply for the different approaches ,and the significant gaps is still exist .in this process of the rule of law in China will undoubtedly have an adverse impact. This paper planning on from the perspective of administration lawsuit attached question ,have an in-depth discussions with the administration lawsuit ,and conduct some of the related issues to sort out and make some reasonable suggestions. Hoping to our country's trial practice and the lawmaking study has some benefits.The entire papers divided into five parts. The first part is the summarize ,then the next four parts is the details, the fifth is the end. The following is a brief introduces.The first part of the problem is make up of the following questions : Firstly, the article introduced the basic theory of the attached question, and make a accurate cognizance of the attached question also the attached in lawsuit .Then educed the attached question in administration lawsuit ,so that we has a good cognizance in attached question in administration lawsuit. Secondly, mostly introducing the distinction between on attached question and related question, so that we can deep of the concept of an accurate understanding of the attached question. The second component is a subsidiary of the administration proceedings for a brief analysis of the problem. It is divided into five categories according to a certain standard so that the detailed below.The third part of the main subsidiary of the administration proceedings have explored the reasons, First, introduce the reason of the attached question of the administration proceedings, then from China's actual conditions, Chief attached question of administration proceedings in our country where the cause of the problem.The fourth is in detail, and also part of the focus of this paper.First cutting of administrative lawsuit and civil lawsuit cases for analysis of the attached question. We divided into two areas, the first of which is about the attached administration question of the civil action, because the most common judicial practice in such cases, it will focus on the length of Narration. The second aspect is related the attached question civil of administration lawsuit, because such cases are relatively simple in the trial of the practice. So we described it in a little simple.Second of administration proceedings and the criminal case are intertwined attached questions. Similarly, we divided into two areas, the first of which is the attached administration question of criminal proceedings. The second aspect is related the attached criminal question of administrative proceedings, and we will conduct an in-depth study of these two areas. and make some reasonable views.Then we have a analysis in the attached question of the administration proceedings. We divided the attached question into abstract administration behavioral problems and specific administration behavioral problems, and focus on specific issues.The fifth part is the end, and through the analysis of the administrative proceedings attached questions, we understand the different solutions and different attached questions of some commonalities. And pointing out our legislation in this area should be strengthened in the future, and constantly deepening the theoretical study of these issues. with a view to meet the increasingly complex needs of trial practice.
Keywords/Search Tags:administrative proceedings, attached question, jurisdiction, trial premise, prerequisite question
PDF Full Text Request
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