| Based on the perspective of the requisition and compensation to the real estate on the state-owned land,through the method combined with the quantitative and qualitative analysis,the study on the judicial review of the administrative procedures is carried on.Through the analysis of typical cases in the field of the requisition and compensation to the real estate on the state-owned land,the thesis explores the problems existing in the process of judicial review of administrative procedures,and tries to deconstruct the principle of due legal procedures,construct the principle of legal procedural rights and apply it to judicial practice.The body of the thesis is divided into six parts.In the first part,through the introduction of the background and meaning of the study,analyzes the research status at domestic and abroad,explains the innovation of the thesis.In the second part,the administrative cases in the field of the requisition and compensation to the real estate on the state-owned land are analyzed both on the data by the quantitative method and on the typical cases.Analyzes the Chinese criterion of administrative procedures reviewing in the field by the typical cases.The major problems with administrative procedures of administrative organs in the field are summarized.The third part introduces the judicial applications in the field of the requisition and compensation to the real estate on the state-owned land in the US and UK.Identify the defects in due process of law.The fourth part states the theory of the principle of procedures rights.Through the model construction of the program participation elements,the bidirectional legal relationship under the principle of legal procedure right is clarified.From building the models of the participating factors,Starting with the explaining of the connotation of legal procedure rights,the principle of legal procedure rights is introduced from the aspects of origin,value,theoretical significance,classification,and performance.The fifth part discusses the directing role of the principle of legal procedure inChina’s judicial review practice from hearing and judging.To supervise the authority of the subject and to protect the right of the private parties in the procedures of hearing by the court,the dual-center mode of judicial reviewing is built.Based on the analysis of the violating level of the administrative behaviors and the influencing degree to the right of the administrative private parties make the judgments respectively according to the mode of two-way,two-order,four-element,and fourgrade.The sixth part,on the basis of the discussion of the main theme of the thesis,prospects the further development of the judicial review of administrative procedure.This paper starts from the perspective of administrative legal relations,takes the relationship between authority and right as the clue,and constructs the basic framework of the theory of legal procedure rights on two dimensions of the procedure of administrative subject and administrative private parties.The legal reviewing abroad adopts the principle of legal procedures,which stands on the administrative subject point of the view,take the lead of the authority of the administrative,frame with the behavior of administrative,take the legitimacy,which is an indefinite concept,as the core of one-dimension mode.The legal reviewing in China is emphasis on the legality of authority and right,which stands on both of the administrative subject and private parties points of the view,takes the lead of both of the authority of the administrative and right of the private parties,frames with the behavior of both of administrative and private parties,takes the influence degree both on the legally authority and right,which are the objective criteria,as the core of twodimension mode.In judicial practice,apply the principle of the judicial procedure right rationally,take the protection on the legal rights of the private parties as the criterion of judgment,will concern both the legal right of private parties and the objective justification of the law. |
