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Administrative Proceedings Judicature Change Power Research

Posted on:2010-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2166360278977407Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"All have the authority the easy abuse of authority, this is an eternal not easy experience. Must prevent the abuse of authority, must by the authority restraint authority". Is not restricted and surveillance's authority, causes the corruption inevitably. Is an expert to good expert today which the political power inflates day by day, the right safeguard and the authority restriction are the modern government by law pursue goals. Administrative proceedings judicature change power's establishment and is suitable is safeguards the litigant right the important way, is also the jurisdiction restriction and surveillance executive power important manifestation. The correct annotation judicature change power's implication, the science limits judicature change power involvement executive power's scope and the boundary, grasp accurately are suitable the judicial change power the criterion, causes it to tally with our country's national condition, has the significant theory and the practice significance. the administrative proceedings judicature change power is refers to the People's courtWhen the trying administrative proceedings case, according to legal, the laws and regulations and the related administrative proceedings procedure, the part or completely changes the administrative processing decision authority which the Administrative organ makes. The judicial change power is the court administration judicial authority important component, is one kind of judicial authority which the court is in sole possession, other any unit or individual do not exercise this authority. The judicial change power's implementation, rectified the Administrative organ not, when concrete administrative action, thus better realizes the administrative proceedings to protect the citizen, the legal person and other organization legitimate rights and interests goal. the our country administrative proceedings judicature change power's establishment has its necessity. In order to supervise the administrative authority which and restrict expands day by day, to prevent the administration to decide after deliberation the power freely abusiveness, to make up the human nature weakness, and provide reliefs for right realization, for administrative proceedings final goal's realization, sets up the administration to sue the judicial change power is very essential.Sets up the judicial change power, supervises and the restriction administration through the court change decision decides after deliberation the power freely abusiveness, protects the relative person's legitimate rights and interests to have effectively directly its realistically possible. The jurisdiction has the neutrality, the independence and the result as well as the judicial process's procedural nature enable the court to be able to become the surveillant and the restriction. this article is only not clear about, the applicable scope on our country present judicature change power system establishment's basis as well as the existence applied code narrow and so on deficiencies to carry on the analysis, and discusses our country administrative proceedings judicature change power system's road of consummation.
Keywords/Search Tags:The administrative proceedings, judicature change power establishment, basis obviously loses fair, applicable scope
PDF Full Text Request
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