行政訴訟中復議機關作為共同被告的制度設計及反思.pdf

1、專業(yè)學位碩士研究生學位論文 新 疆 大 學 論文題目 論文題目(中文 中文)：行政訴訟中復議機關作為共同被告的制度設計 行政訴訟中復議機關作為共同被告的制度設計 及反思 及反思 論文題目 論文題目(外文 外文)：The reflection on system of the reconsideration organ to be the co-defendant in administrative litigation 研

2、 究 生 姓 名： 名：馬踩燕 馬踩燕 學 位 類 別：專業(yè)學位 別：專業(yè)學位 專 業(yè) 名 稱： 稱：法律（法學） 法律（法學） 導師姓名 導師姓名 職稱： 職稱：申艷紅 申艷紅 副教授 副教授 論文答辯日期 2017 年 5 月 28 日 學位授予日期 2017 年 6 月 20 日II Abstract According to the new Administrative Litigation Law,

3、the reviewed cases which were decided to maintain the principles of administrative conduct by the reconsideration department , the executive branch of the original administration was the defendant. The original intention

4、s of setting up this system, is because of the reconsideration department try not to be the defendant in the practice, it is a common phenomenon to maintain the original administrative behavior, leading to the high maint

5、enance rate, the reconsideration system fail to work well. In order to motivate the reconsideration organ to perform the reconsideration function actively, the lawmaker established a co-defendant status which is not base

6、d on the same or similar administrative act. Now the new law has been enacted for nearly two years, it is necessary to assess the co-defendant system, and handle the administrative reconsideration and administrative liti

7、gation connection properly.Based on the theoretical criticism of the co-defendant system of the reconsideration organ and the new problems arising from the system, it is found that the causal relationship between the cur

8、rent defendant;s rules and the reconsideration maintenance rate is exaggerated, and the incentive effect of the system is not reached expected. The current Administrative Reconsideration Law has started to modify, about

9、how to handle the connection relationship of administrative reconsideration and administrative litigation properly? This paper should be proposed from the following aspects: First, the correct treatment of the reconsider

10、ation organ of the co-defendant system; the second is to fundamentally improve reconsideration high maintenance rate of the problem, the third is to promote the administrative reconsideration committee vigorously. Key w