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Analysis Of Wang Lifen V. Wencheng County Government's Case Of Revocation Of Administrative Actions

Posted on:2021-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2516306230495844Subject:legal
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Wang Lifen was dissatisfied with the administrative response made by Wencheng County Government and brought it to the court.The defendant argued that the administrative response was that the internal administrative act was not actionable and was supported by the court of first instance.The plaintiff lodged an appeal.The court of second instance held that although the administrative response to the case was an internal administrative act,it had a practical impact on the plaintiff and was actionable.Finally,it made a new ruling to revoke the original trial and instructed the original trial court to continue the trial.The dissertation studies the different ruling opinions of the courts of first and second instance,and analyzes the administrative law attributes of the lawsuit response in this case and the conditions for its suitability.A large number of similar cases were found,and the reality was that the administrative organs used the outdated view of judicial adjudication that "internal administrative actions are not actionable" to delay the parties' right to sue.The "substantial impact of rights and obligations" clause in the legislation has long been stipulated,but it is rarely applied specifically.Many courts still use the old ruling point of view to analyze the reasons for handling cases.Finally,it analyzes the theory and feasibility of the court abandoning the old viewpoint and expanding the scope of receiving cases in practice.The first chapter briefly introduces the facts of the case and the results of the adjudication;the second chapter comprehensively analyzes the two focus points of the dispute in the case,and briefly explains the nature of the administrative action involved in the case and whether the action belongs to the current scope of the case,which were discussed separately.The administrative law nature of the administrative action in question,discusses whether the action in question is actionable.The last Chapter combines the previous analysis and discussion to explain that the old rules of judicial adjudication that “internal administrative actions are not actionable” are no longer applicable to reality And the necessity and urgency of including some internal behaviors of the organs that have a substantial impact on citizens into the scope of the current case.
Keywords/Search Tags:Administrative reply, The litigability of administrative act, Internal administrativ
PDF Full Text Request
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