Administrative Relief Law

Author: Song Yafang
Publisher:
Publish Date: 2004-10-13
Features: Administrative Relief Law takes the relief of administrative power as its main thread, attempting to construct a comprehensive system of rights protection. The book is divided into three and five parts. Part I is the General Provisions, which mainly introduces the basic theories, principles of administrative relief, and the historical development of relief systems in China, the Civil Law System, and the Common Law System. Part II focuses on Administrative Reconsideration, providing a detailed introduction to the concept, characteristics, principles, scope of cases, jurisdiction, application and acceptance, participants, trial and decision-making, and enforcement of the administrative reconsideration system. Part III discusses the Administrative Litigation System, primarily covering its basic principles, scope of cases, jurisdiction, parties, evidence, and procedures. Part IV is dedicated to Administrative Compensation, emphasizing the principles of accountability for compensation, the scope of compensation, compensation procedures, methods, and standards. Through a comparative analysis of national compensation systems at home and abroad, it lays a solid foundation for further improving China's compensation system. Part V focuses on Administrative Compensation, which is an area urgently needing improvement and strengthening in China. It first explores several related concepts such as administrative compensation, expropriation compensation, other special sacrifice compensation, and social compensation. It then introduces compensation theories such as the Special Sacrifice Doctrine and the Social State Doctrine, and finally elaborates on the types, standards, and procedures of compensation, laying a solid foundation for research on China's compensation legislation. The writing of this book aligns with the demands of the times, responding to the growing awareness of citizens' rights and the nation's increasing respect and protection for fundamental rights. It provides as detailed an explanation as possible of the means of relief for citizens' rights, hoping to contribute to the construction of a rule-of-law state.