2014年9月1日星期一

officials don't see the official&quot

in new network Beijing on 25 August, (reporter Jiang Tao Guo Jinchao) the administrative litigation law amendment (Draft) (hereinafter referred to as the "draft") 25 second times a day to the twelve NPC Standing Committee tenth meeting, the new rules will break the "mingaoguan" Cheap jerseys online facing the law "officials do not see officer" the embarrassment.

administrative procedure law come into effect from October 1, 1990. Last December 23rd, the Amendment Act (Draft) was first drawn to the sixth session of the twelve NPC standing committee deliberations, become the first in more than 23 years "knife" of the law, relating to the filing, trial, execution and other links.

public opinion on the method for the first time in the government not to intervene, correcting focusing hinder court; if the plaintiff has difficulty in writing, Sue coca head; different jurisdiction, reduce the intervention trial; no enforcement of court judgments can be detained, administration officials. The two reviewers to further refine the relevant provisions.

on actionable range, the original provisions of the "specific administrative act". Vice chairman Li Shishi of the NPC Law Committee 25 days in the explanation to the general assembly that, when using the concept of "abstract administrative act", the main consideration is limited actionable range. The expert puts forward, some courts have set standards, shall not be accepted for administrative cases shall be accepted, cheap nba jerseys the objective of "placed on file". The two review will be "the specific administrative act is amended as" unified "administrative act", to solve this problem.

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action method is "mingaoguan" system, but in practice it often faces "officials don't see the official". In some cases the only lawyer agency administrative organs appear in court. The two draft stipulates: "the people responsible for the increased the administrative organ shall appear in court. Can not appear in court, may also entrust the relevant personnel to appear in court".

according to the original legislation, the administrative reconsideration organ to maintain the original specific administrative act that will not become the defendant, altering the original specific administrative behavior will become the defendant. Some experts pointed out that, in practice the reconsideration organ to improper defendant, to maintain the original administrative phenomenon. Li Shishi thinks, this leads to the administrative reconsideration system fails to play a good role. The two reviewers made clear, the reconsideration organ decided to maintain the original administrative behavior, and made the original administrative act together as a defendant.

in a review, Cheap nfl jerseys "red head file" and other normative documents are not legitimate, the court shall transfer it "authorities in accordance with the law". In this regard, changed to two reviewers, "should cheap snapback caps advise the authorities cheap jerseys to formulate".

has the opinion, the current litigation law court only to examine the legality of specific administrative acts, the administrative organ is obviously unreasonable administrative behavior, not that the court can decide to cancel, is not conducive to the settlement of administrative disputes. In this regard, two reviewers in the court case decision to withdraw the administrative behavior, increase a "is obviously inappropriate" case.

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(original title: Bank Law was modified into the second "officials do not see officer" is poised to crack)

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