Reflection on introducing the negative list mode into the case scope of administrative litigation
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    Abstract:

    The negative list mode shows the concept of the rule of law of "absence of legal prohibition means freedom" and shows the full protection to civil rights. Essentially, the case scope of administrative litigation is to protect the legitimate rights and interests of the administrative counterpart, and its expression should accord with right attribute. At present, the mode of the case scope is difficult to achieve the purpose of full protection to the citizen's rights. The negative list mode should be introduced into the case scope of administrative litigation. Firstly, general provision of the case scope should be prescribed in a positive way, and then the excluded matters should be listed clearly. And all other cases that are not excluded belong to the case scope of the administrative litigation.

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王春业.行政诉讼受案范围引入负面清单模式的思考[J].重庆大学学报社会科学版,2016,22(3):165~172

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History
  • Received:June 30,2015
  • Revised:
  • Adopted:
  • Online: June 17,2016
  • Published: