2003Unpublished venueRequires access

On the Perfection and Development of the System of Administrative Litigation——the Conception of Revising the Administrative Procedure Law

Jixia Wang

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Abstract

The existing Administrative Procedure Law cannot satisfy the need of the reality. It's necessary to revise it. The aim to revise it is to settle the problems in the practice of administrative litigations, to realize the promise made in the convention of human rights, to satisfy the requirements of entering into WTO, and to extend the functions of the administrative litigations. As to the concrete institutions, comprehensive revision shall be conducted with respect to the styles of litigations, the limitation for accepting cases, the institution of trial grade, the institution of parties to the litigation, trial procedure, mode of trial, standard of trial, rules of evidence, and the institution of adjudication. Furthermore, the outside circumstances of the institutions, and the establishment of the corresponding institutions shall be considered while the Administrative Procedure Law is being revised.

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What this paper is about

The existing Administrative Procedure Law cannot satisfy the need of the reality. It's necessary to revise it. The aim to revise it is to settle the problems in the practice of administrative litigations, to realize the promise made in the convention of human rights, to satisfy the requirements of entering into WTO, and to extend the functions of the administrative litigations. As to the concrete institutions, comprehensive revision shall be conducted with respect to the styles of litigations, the limitation for accepting cases, the institution of trial grade, the institution of parties to the litigation, trial procedure, mode of trial, standard of trial, rules of evidence, and the institution of adjudication. Furthermore, the outside circumstances of the institutions, and the establishment of the corresponding institutions shall be considered while the Administrative Procedure Law is being revised.

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Available abstract

The existing Administrative Procedure Law cannot satisfy the need of the reality. It's necessary to revise it. The aim to revise it is to settle the problems in the practice of administrative litigations, to realize the promise made in the convention of human rights, to satisfy the requirements of entering into WTO, and to extend the functions of the administrative litigations. As to the concrete institutions, comprehensive revision shall be conducted with respect to the styles of litigations, the limitation for accepting cases, the institution of trial grade, the institution of parties to the litigation, trial procedure, mode of trial, standard of trial, rules of evidence, and the institution of adjudication. Furthermore, the outside circumstances of the institutions, and the establishment of the corresponding institutions shall be considered while the Administrative Procedure Law is being revised.

Key concepts: Adjudication, Institution, Administrative law, Law, Perfection, Convention, Political science, Epistemology

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