On Administrative Relief (Legal Studies)

Author: Bi Kezhi
Publisher:
Publishing Time: Not available
Features: This book is guided by the basic theories of administrative law and combines with the current legislation on administrative relief in China. It comprehensively analyzes and discusses the fundamental principles of the administrative relief system while also exploring how to properly implement it. In the specific discussions, it equally emphasizes the study of theoretical issues and the exploration of practical problems; it equally focuses on analyzing and discussing China's administrative relief system and introducing and drawing on theories of administrative relief systems from abroad. The book is divided into five parts:
Part I primarily discusses the basic principles of administrative relief. Its main content includes: First, starting with an introduction to administrative violations and administrative torts, it derives the concept of administrative relief and systematically elaborates on the theoretical foundation of the administrative relief system. Second, based on China's existing legislation on administrative relief, it proposes the principles that administrative relief organs should follow in implementing administrative relief, the channels for applicants to apply for administrative relief, and the types and methods of administrative relief. Finally, to further improve China's administrative relief system, this part also systematically introduces the administrative relief systems of countries such as the United Kingdom, the United States, France, Germany, and Japan.
Part II primarily discusses administrative reconsideration relief. Administrative reconsideration relief is one of the main channels for applicants to seek administrative relief. It starts by resolving administrative disputes, utilizing the hierarchical supervision relationship within the administrative organ system, where higher administrative organs review and correct illegal or improper administrative acts that are the subject of the dispute, thereby protecting the legitimate rights and interests of applicants and ensuring and supervising administrative subjects in exercising administrative powers in accordance with the law. In this part, the author, based on the specific provisions of China's Administrative Reconsideration Law, combined with the practice of China's administrative reconsideration system and the theories of administrative reconsideration systems abroad, primarily analyzes and discusses the following issues: (1) the principles that administrative reconsideration organs should follow in conducting administrative reconsideration; (2) the scope of cases for administrative reconsideration; (3) the subjects and jurisdiction of administrative reconsideration; (4) the procedures for administrative reconsideration.
Part III primarily discusses administrative litigation relief. Administrative litigation relief is an important legal system established in modern democratic countries and also one of the main channels for applicants to seek administrative relief. It is through the resolution of administrative disputes by national judicial organs that administrative subjects' illegal administrative acts are corrected, and the damages to applicants' legitimate rights and interests caused by administrative acts are remedied. In this part, the author not only discusses the general principles of the administrative litigation system, such as the principles, jurisdiction, trial procedures, and enforcement of administrative litigation, but also, based on China's Administrative Litigation Law and relevant judicial interpretations, combined with the practice of China's administrative litigation and relevant theoretical achievements abroad, focuses on discussing the scope of cases for administrative litigation and the evidence system of administrative litigation, proposing their own views.
Part IV primarily discusses administrative compensation relief. Administrative compensation is a part of state compensation and the main way the state provides relief to applicants. With the establishment of democratic and constitutional political systems, administrative compensation systems have been gradually established in countries around the world and have played an important role in providing rights relief to administrative subjects. In this part, the author is not limited to the existing provisions of China's State Compensation Law, but refers to the existing provisions of China's State Compensation Law and the practice of administrative compensation, combined with relevant legislation and theoretical achievements on administrative compensation abroad, and analyzes and argues around the following issues, proposing their own views: (1) the attributable principle and constitutive elements of administrative compensation; (2) the scope of administrative compensation; (3) the obligating organs and applicants of administrative compensation; (4) the procedures for administrative compensation; (5) the methods and calculation standards of administrative compensation.
Part V primarily discusses administrative compensation relief. The administrative compensation system is a legal system established to provide relief to administrative subjects who suffer losses to their legitimate rights and interests due to the legal administrative acts of administrative organs. It holds an indispensable position in the entire administrative relief legal system and is another key focus of our research on administrative relief systems. Although China does not have unified legislation on administrative compensation, relevant single laws and regulations have clearly stipulated the principles and scope of administrative compensation. In this part, the author not only discusses the general principles of administrative compensation, such as the principles and scope of administrative compensation, but also systematically elaborates on specific issues such as the procedures and methods of administrative compensation, proposing their own views.