马里行政诉讼程序研究

发布时间：2018-10-13 15:52

【摘要】：1.从深层意义上讲,争议意味着纠纷产生主要由行政诉讼组成,实际上,主要是由行政行为引起的。它反映了行政体系的顽疾、权力滥用和专制的管理,忽视和不信任的大背景影响着政府和公民之间的关系。这是根源于法律和行政法规的不完善、行政效率明显降低。 2.在法律范围上,行为和诉讼指的是法律程序。审判呈现的是一种对争议的治愈方法。当然也存在比诉讼更少负担的方法,如投诉,调解和仲裁。约有三十年,政府一直在寻找尽量避免诉诸法庭的争议解决方式。 3.行政诉讼不局限于政府与公民之间产生的争议,“客户”作为一个术语被使用更显“现代”。纠纷也同样会发生在公共权和行政权,有时也被视为私人之间的争端。其中就可体现公共服务义务或公共事务的执行。诉讼程序行为不能解决所有争议的行政诉讼。它指的是行政审判和行政的决定。 4.程序不是一个空洞的形式,因为如果我们只知道我们是有权利知道诉讼而不知道如何去诉讼,那么这样的程序便是无用的。最重要的是要了解程序去诉求法官调查案件,并影响法官的司法判决。程序同时还必须能通过所有必要的保证使法官能将自己束缚起来,以防止做出错误的决定,能使当事人有能力对抗任意行为的危险和狡猾的相对方。反对出错的风险通过强迫他包围自己与所有的必要保证,各方对危险的任意或被对手太聪明。为此,我们必须知道程序的规则,也可以说是,通过实施一般法律原则的机制。第一章里主要讨论马里行政程序的特征,那通常被认为是一个对抗的程序,主要阐述政府组织的公共干预矛盾。第二章里主要讨论了由法官必须审查的前提程序。诉讼必须是可被接受的,换句话说,申请人其自身的状况、争议的行为的性质和时间限制都是诉讼必须要满足的条件。一旦宣布可接受,在特定的情况下,行动本身并不影响决定。第三章专门解决的是审判本身,这是在提出申请后的接下来的阶段。申请被存档,诉讼费用则被记录,案例则被登记,有关主体可依法引用。他通过向法院提供必要的信息,推动着纠纷的开庭听审和审判的准备, 第四章主要分析对上诉和抗辩的一般补救,和最高法院的其它的一般补救措施。当事人不服行政法院判决的申诉途径有两种：其一,向原判决法院以外的其他法院提出申诉,称为变更途径(les voies de reformation);其二,向原判决法庭提出申诉,称为改正途径(les voies de retraction)。
[Abstract]:1. In a deep sense, the dispute means that the dispute is mainly composed of administrative litigation, in fact, it is mainly caused by administrative action. It reflects the intransigence of administrative system, the abuse of power and autocratic management, the background of neglect and distrust, which influences the relationship between government and citizens. This is rooted in the imperfect laws and administrative regulations, administrative efficiency significantly reduced. 2. 2. In the scope of law, acts and actions refer to legal procedures. The trial presents a cure for controversy. There are, of course, less burdensome methods than litigation, such as complaints, mediation and arbitration. For about three decades, the government has been looking for ways to avoid going to court as far as possible. Administrative litigation is not limited to disputes between government and citizens, and "customer" is used as a term more "modern". Disputes also occur in public and administrative power, and are sometimes seen as disputes between private individuals. Among them can reflect the public service obligation or the execution of public affairs. An administrative action in which all disputes cannot be resolved. It refers to administrative trials and administrative decisions. 4. The procedure is not an empty form, because if we only know that we have the right to know the lawsuit and not know how to sue, then the procedure is useless. The most important thing is to understand the procedure to ask the judge to investigate the case and influence the judge's judicial decision. The procedure must at the same time enable the judge to restrain himself by all necessary guarantees in order to prevent the making of wrong decisions and to enable the parties to confront the dangers and cunning opposites of arbitrary conduct. Oppose the risk of error by forcing him to surround himself with all the necessary assurances that the parties are too clever against the danger of being arbitrary or being adversaries. To that end, we must be aware of the rules of procedure, or, arguably, through mechanisms for the application of general principles of law. The first chapter focuses on the characteristics of the Malian administrative procedure, which is generally considered to be a confrontational procedure, mainly dealing with the contradictions of public intervention organized by the government. The second chapter mainly discusses the prerequisite procedure that must be examined by the judge. The action must be acceptable, in other words, the applicant's own condition, the nature of the action in dispute and the limitation of time are the conditions to be met. Once declared acceptable, the action itself does not affect the decision in a given case. The third chapter is devoted to the trial itself, which is the next stage after the filing of the application. The application is filed, the litigation fee is recorded, and the case is registered. By providing the necessary information to the court, he promotes the preparation of the hearing and trial of disputes. The fourth chapter mainly analyzes the general remedies for appeals and defences, and other general remedies of the Supreme Court. There are two ways for the parties to appeal against the decision of the administrative court. One is to file an appeal to a court other than the court of the original judgment, which is called (les voies de reformation);, and the other is to file an appeal to the court of the original judgment, which is called the correction channel (les voies de retraction).
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D944.8;DD915.4

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