 Wysłany: Śro 11:34, 30 Mar 2011 Temat postu: WTO and China _4270 judicial review of administrat |
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| WTO and China's judicial review of administrative acts
Legal aspects must be considered. decision to expand the scope of administrative litigation cases, consistent with WTO provisions. (3) foreign judicial review of administrative acts. This is not a problem in theory but in practice Quedui the quality of judges and lawyers made very high requirements. (4) The Chief of all the legitimate rights and interests relative. According to the Administrative Procedure Law the provisions of Article 11,MBT schuhe preise, under normal circumstances, citizens can only personal rights, property subject to administrative violations of the grounds for judicial review. This means that other legitimate rights and interests of citizens against administrative acts, the only relief sought by other means, and can not obtain judicial relief. this broad consensus that is wrong, this has also been the new Administrative Review of the breakthrough. based on WTO provisions, the scope of judicial review should include all the legal rights of citizens of relief. 3.WTO standard of judicial review of legal framework on the impact of China's Administrative Procedure Law of China Article 5: People's Court administrative cases, specific administrative to review the legality of acts; Article 54, paragraph 4 states: administrative sanction is obviously unfair, it can make a decision to change. Accordingly, theorists generally believe that the people's court for review of specific administrative act, to review the legality of the principle of reasonable review of the exception. However, from the WTO's judicial review provisions of the standard view, not only to have the legitimacy of judicial review standards, but also have the legitimacy of standards, in particular due process standards. This provision shows that, WTO agreements judicial review provisions of the current existing standards that new and higher requirements, especially in the establishment of WTO judicial review of due process standards, judicial review should be reform of the direction of development. In this regard, China should now be the Administrative Procedure Act innovation, establish administrative procedures for the independent value to the adoption of scientific procedures, and norm of administrative power a legitimate exercise to protect the relative legal rights and interests, for the Judicial Review System and lay a solid foundation. based WXD judicial review on China the impact of Chinese administrative law theory and practice of community should respond positively to a careful analysis of WTO judicial review system and the differences between the provisions of the law, by comparing the research to strengthen the system of judicial review of the scientific and international, in the administrative legal system Innovation and transplantation has made its due contribution. [Editor Zhang Ming of the] |
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