Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law

Study of the Third Party’s Legislation in Administrative Litigation

Author LiuSiZuo
Tutor LiuShiPing
School Hunan University
Course Constitutional and Administrative Law
Keywords The third person of the administrative proceedings Substantive legislative Procedural legislation Legislative Technology
CLC D925.3
Type Master's thesis
Year 2009
Downloads 125
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The third person of the administrative proceedings is the stake in the outcome of litigation with specific administrative act, and the trial court proceedings, and to apply to participate in the proceedings or court notice to participate in the original, the citizens, legal persons and other organizations other than the defendant. Legislative study of the third person of the administrative proceedings is very necessary and very feasibility. Reconstructed People's Court of the correct and timely handling administrative cases also facilitate administrative proceedings third legislative guidance of administrative litigation practice is conducive to the executive authorities to regulate their own administrative behavior, the establishment of limited government; conducive to safeguarding the legitimate rights and interests of citizens; . Our current law on administrative litigation defect of the third legislative provisions mainly deviation: administrative proceedings legislative purpose; unknown proper legislative principles expressed by the Administrative Procedure Law; administrative Litigation third party entity flawed legislative provisions; administrative proceedings first The trio participated in the litigation process design defects; the administrative proceedings legislative technology needs to be improved. Legislative defects Chief Litigation third party caused mainly due to historical factors, legal factors, as well as theoretical factors. First of all, the historical factors. Our traditional concept and Ruling, and a Western tool ideology incoming. Secondly, the legal factors. Permission of legislation conflicting regulations, the lack of specific administrative division of authority. Again, the theory factors. Our theoretical circles the theoretical study of the administrative proceedings the third person differences, define the scope of the third person of the administrative proceedings, by type, legal status today. Improve the administrative proceedings the third person the idea of ??legislation: the clear \the entity legislative provisions, including the specific administrative act \litigation rights and legal status of the people, and improve the organization of legislative resolve conflicts of competence; reconstruction of the administrative proceedings ginseng v. program, expand the administrative proceedings ginseng v. ways, clear rules of evidence in the third person, and improve the litigation rights of the third person of the administrative proceedings relief; of standardized administrative proceedings third party legislative technique.

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