Administrative law procedures and remedies in ChinaPDF电子书下载
购买点数
13 点
出版社
出版时间
1996
ISBN
标注页数
379 页
PDF页数
397 页
标签
PART 1 -- INTRODUCTION 3
Chapter One The Structure of Administrative Law 3
The Concept of Administrative Law 3
Historical Development of Administrative Law 7
Contents of Administrative Law 10
Function and Status of Administrative Law in China's Legal System 12
Structure of Administrative Law 13
Chapter Two Administrative Law Theory 17
Administrative Relationship and Administrative Legal Relationship 17
General Principles of Administrative Law 23
Administrative Acts 27
PART 2 -- ADMINISTRATIVE RECONSIDERATION 51
Chapter Three The Structure of Administrative Reconsideration 51
Introduction 51
Sources and Development of Administrative Reconsideration 52
Nature and Function of Administrative Reconsideration 54
Conditions for Administrative Reconsideration 56
Administrative Reconsideration Organs 58
Principles of Administrative Reconsideration 61
Grounds for Administrative Reconsideration 65
Chapter Four Scope of Administrative Reconsideration 71
Acts Affecting Personal or Proprietary Rights or Interests 72
Acts Affecting Other Kinds of Rights or Interests 82
Chapter Five Jurisdiction 84
Governmental Structure 84
Jurisdiction by Administrative Organ at the Next Higher Level 85
Jurisdiction Transfer 91
Designation of Jurisdiction 91
Priority of Jurisdiction 92
Complaint to the Correspondence and Reception Department and Administrative Reconsideration 92
Other Jurisdiction 93
Chapter Six Hearing of Reconsideration Cases and the Related Issues 95
The Format of Reconsideration 95
The Effect of the Concrete Administrative Act under Reconsideration 96
Withdrawal of Reconsideration Application 98
Applicable Legislation (Law) 98
Participants of Reconsideration 103
Remedies 104
Relationship between Administrative Reconsideration and Judicial Review 108
Conclusion 108
PART 3 -- ADMINISTRATIVE LITIGATION (JUDICIAL REVIEW)IN CHINA 113
Chapter Seven The Structure of Administrative Litigation 113
Introduction 113
Development of Judicial Review in China 114
Objectives of the ALL 117
Reasons for the Late Adoption of Judicial Review in China 119
Sources of Judicial Review 122
Conditions for Judicial Review 123
Chapter Eight Scope of Jurisdiction in Judicial Review 128
Categories of Administrative Acts Subject to Judicial Review 130
Acts Not Subject to Judicial Review 139
Chapter Nine Iurisdiction of the People's Courts 151
Vertical Jurisdiction 151
Horizontal (Geographical) Jurisdiction 154
Common Jurisdiction 155
Jurisdiction over Reconsidered Cases 156
Horizontal Transfer of Jurisdiction 157
Chapter Ten Grounds for Judicial Review 160
The Principle of Legality 160
Insufficiency of Essential Evidence 163
Inaccuracy in the Application of Legislation 178
Violation of Legal Procedure 188
Excess of Legal Authority (Ultra Vires) 194
Chapter Eleven Judicial Control of Discretionary Power 206
Background 206
Discretionary Power and its Development 207
Substantive Discretion 209
Procedural Discretion and the Necessity of Judicial Control of Discretionary Power 210
The Principles Governing the Control of Discretionary Power 211
Grounds for Judicial Control of Discretionary Power 213
Chapter Twelve Applicable Legislation in Judicial Review 253
Introduction 253
Reasons for the Variety of Applicable Legislation 253
Variety of Applicable Legislation 255
Legal Effect of Various Applicable Legislation 259
Conflict between Legislation 261
The Implication of Section 53(2) 261
PART 4 -- STATE COMPENSATION LAW 269
Chapter Thirteen State Compensation Law 269
Introduction 269
Analysis of the SCL 270
Conclusion 302
APPENDICES 311
Regulations on Administrative Reconsideration of the People's Republic of China 311
Administrative Litigation Law of the Peoples Republic of China 321
Opinions of the Supreme People's Court on Some Issues Relating to the Implementation of the Administrative Litigation Law (for Trial Implementation) 332
Administrative Penalty Law of the People's Republic of China 346
Regulation on Administrative Supervision of the People's Republic of China 356
State Compensation Law of the People's Republic of China 364
Index 373
