An Exploration on the Status of the Defendant in Administrative Litigation
Yuan Qun
Abstract
Yuan Qun
Abstract
Some problems in the judicial practice of administrative litigation are rather complicated.The status of defendant in administrative litigation reflects such problems of essence as obstacles of judicial system and absence of administrative politics.At present,problems of the defendant's status of administrative litigation are mainly reflected as the following:firstly,influenced by thebureaucrat-orientedthought,the defendant's status is specially somewhat higher than that of the plaintiff and even the trial's;secondly,the litigation relation between the defendant and plaintiff is not equal in fact though it should have been;Thirdly,the administrative rights have somewhat advantages over the judicial rights.
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Some problems in the judicial practice of administrative litigation are rather complicated.The status of defendant in administrative litigation reflects such problems of essence as obstacles of judicial system and absence of administrative politics.At present,problems of the defendant's status of administrative litigation are mainly reflected as the following:firstly,influenced by thebureaucrat-orientedthought,the defendant's status is specially somewhat higher than that of the plaintiff and even the trial's;secondly,the litigation relation between the defendant and plaintiff is not equal in fact though it should have been;Thirdly,the administrative rights have somewhat advantages over the judicial rights.
Key concepts: Plaintiff, Law, Political science, Politics