FOCUS. REFORM OF CHINA’S ADMINISTRATIVE PROCEDURE. BUILDING AN ADMINISTRATIVE COURT AS A GOAL OF ADMINISTRATIVE JUDICIAL SYSTEM REFORM

FOCUS. REFORM OF CHINA’S ADMINISTRATIVE PROCEDURE. BUILDING AN ADMINISTRATIVE COURT AS A GOAL... VOL. 9 MARCH 2014 DOI 10.3868/s050-003-014-0002-7 NO. 1 FOCUS REFORM OF CHINA'S ADMINISTRATIVE PROCEDURE BUILDING AN ADMINISTRATIVE COURT AS A GOAL OF MA Huaide With rapid social and economic development, nowadays there are an increasing number of social conflicts, especially administrative disputes between the government and individual citizens. However, many of the conflicts cannot be effectively solved through administrative litigation, which continuously leads to a high rate of appeals and complaints, making it ever more difficult to resolve administrative disputes. Often susceptible to interference from local party committees and governments, courts face difficulties to accept complaints, conduct trials, make decisions and enforce judgments, which make courts dysfunctional in supervising administrative organs. All the issues above are caused by problems in the court administration system. The control of the court's personnel, expenses and property is decentralized, with courts divided by administrative regions, income provided through local finance and personnel controlled by local party committees. However, administrative organs are defendants in administrative litigations and courts are to review the legality of administrative acts. It is neither realistic nor logical to have courts in the de facto control of local governments to supervise the governments. Therefore, it is of necessity to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Frontiers of Law in China Brill

FOCUS. REFORM OF CHINA’S ADMINISTRATIVE PROCEDURE. BUILDING AN ADMINISTRATIVE COURT AS A GOAL OF ADMINISTRATIVE JUDICIAL SYSTEM REFORM

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Publisher
BRILL
Copyright
© Copyright 2014 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1673-3428
eISSN
1673-3541
D.O.I.
10.3868/s050-003-014-0002-7
Publisher site
See Article on Publisher Site

Abstract

VOL. 9 MARCH 2014 DOI 10.3868/s050-003-014-0002-7 NO. 1 FOCUS REFORM OF CHINA'S ADMINISTRATIVE PROCEDURE BUILDING AN ADMINISTRATIVE COURT AS A GOAL OF MA Huaide With rapid social and economic development, nowadays there are an increasing number of social conflicts, especially administrative disputes between the government and individual citizens. However, many of the conflicts cannot be effectively solved through administrative litigation, which continuously leads to a high rate of appeals and complaints, making it ever more difficult to resolve administrative disputes. Often susceptible to interference from local party committees and governments, courts face difficulties to accept complaints, conduct trials, make decisions and enforce judgments, which make courts dysfunctional in supervising administrative organs. All the issues above are caused by problems in the court administration system. The control of the court's personnel, expenses and property is decentralized, with courts divided by administrative regions, income provided through local finance and personnel controlled by local party committees. However, administrative organs are defendants in administrative litigations and courts are to review the legality of administrative acts. It is neither realistic nor logical to have courts in the de facto control of local governments to supervise the governments. Therefore, it is of necessity to

Journal

Frontiers of Law in ChinaBrill

Published: Jun 15, 2014

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