However, there is still considerable debate regarding relief through administrative litigation in judicial practice and theoretical studies.
但在理论研究及司法实践中,对于受教育权能否以行政诉讼途径加以救济的问题,存在较大的争议。
The referendum litigation institution in German local layer is mature both in theory and practice.
德国地方公民投票诉讼制度在理论和实践上均比较成熟。
However, it still needs correct understanding and application in judicatory practice on the problems of litigation procedure, liability undertaking principle and liability limitation, etc.
但在司法实践中对于诉讼程序、归责原则、责任限额等问题仍须进行正确地理解与适用。
In the third chapter, the author mainly explores the presence and manifestation of the purpose of civil litigation in practice.
在第三章中,笔者重点探析了我国民事诉讼目的在实践中所呈现的图景。
The scientific and reasonable positioning of administrative litigation purpose is of great significance both in theory and practice.
科学合理地定位行政诉讼目的,将具有重大的理论意义和实际意义。
In the fifth chapter, the author puts forward the measures and methods to unify the deviated circumstances in theory, legislation and practice of the purpose of civil litigation.
在第五章中,笔者探索了促使民事诉讼目的理论、立法和实践由背离走向统一的途径和方法。
By practice in foreign countries, we know that the CPIL including civil public prosecution and litigation of masses.
根据国外的实践,民事公益诉讼有民事公诉和民众诉讼两种形式。
In recent years, civil litigation accepted by China's court has been breaking the boundaries imposed by civil litigation law, thus leading to the conflict between practice and law.
近几年来,我国法院的民事诉讼主管范围不断突破民事诉讼法的规定,造成了实践与法律规定的冲突。
There are not definite administrative litigation categories in our country's law, which brought a lot of problems in practice.
我国行政诉讼法中没有对行政诉讼的类型作出明确的规定,这给行政诉讼的实践带来许多问题。
As one of the main rights of action in judicial practice, witnesses, whether the fulfillment of its obligation to testify, or their litigation rights of protected areas there are serious imbalances.
证人作为诉讼权利主体之一,在司法实践中,不论是其作证义务的履行,还是其诉讼权利的受保护方面均存在着严重失衡。
The second part probes into the litigation practice in many civil and criminal proceedings related to the validity or legality of the preliminary issues.
第二部分分析了在诉讼实践中存在很多民事、刑事诉讼涉及到行政行为的合法性或者有效性为先决问题的现象。
But in the judicial practice, it's hard to quote for parties, and the problem of the lack of collecting evidences is pretty common, the justness of litigation is difficult to realize.
但司法实践中当事人举证困难,缺乏收集证据手段的问题却相当普遍,诉讼公正因此而难以实现。
Solicitors engage in general practice while barristers specialise in advocacy and litigation.
律师负责一般法律事务,而大律师则专责出庭及诉讼。
Since the amended Company Law was enacted, the issues on litigation of profits have become important, popular and complicated in judicial practice.
股东知情权诉讼及利润分配诉讼是新《公司法》颁布后司法实践中遇到的重点、热点和难点问题。
The plaintiff's qualification on administrative litigation is very controversial and complicated in theory and practice.
行政诉讼原告资格是一个颇有争议且比较复杂的理论和实践问题。
Whether administrative litigation procedure or civil process will be applied to administrative contract judicial remedy procedure has not been unified in judicial practice.
对行政合同的司法救济程序适用行政诉讼程序抑或民事诉讼程序,司法实践尚未统一。
Proof institution is the core of litigation system. Standard of proof is the kernel of the proof institution. So the study on standard of proof plays an important role in the practice and theory.
证据制度是诉讼制度的核心,而证明标准又是证据制度的核心,证明标准的研究具有重要的理论和实践意义。
When it refers to the issues that whether should impose on expenses in civil litigation and how to implement this system, different countries have different opinions on both theory and practice.
是否应当征收民事诉讼费用,应当如何征收民事诉讼费用,各国在司法实践中均有不同的做法。
That there is no stipulation in Chinese law leads to the difference judgment in litigation. In practice, the principle of proximate cause is applied in claiming damage and litigation.
我国保险相关立法对此未做明文规定,实务中,理赔与诉讼往往运用英美法上的近因原则,成文法的缺失导致实践中保险理赔的诉讼案件判决不一。
Reviewing the practice of the law discovery in the administrative litigation in China, we find that there exist extensive law discovery activities in the court.
通过对我国行政诉讼法律发现的实践的考察,可以发现在传统的成文法观念下,实际上存在着广泛的法官具有创造性的发现法律的活动。
The protection of the lawyers' right to practice in criminal litigation is an important guarantee for improving the advocacy system and sufficiently exerting the role of lawyers.
保障律师在刑事诉讼中的执业权利,是完善辩护制度、充分发挥律师作用的重要保证。
Public interest litigation has now become a heated topic in judicial practice and academic circles.
近期以来,公益诉讼成了司法实务和学界讨论的热点问题。
The third party system is a very important system in the administrative litigation law, it also have a deep influence on the theory and the practice.
行政诉讼第三人制度是行政诉讼法中的一项重要制度,也是极具理论意义和实践价值的一个重要问题。
Liu Zhenyuu, 31, undergraduate, graduated from Nankai University legal major, and began to practice in 1999. He is good at non-litigation, company and criminal legal affairs.
刘震宇,31岁,本科,毕业于南开大学法律专业,1999年开始执业,擅长非诉法律事务、公司、刑事等业务。
As a new social phenomenon and legal phenomenon, recently, Public interest litigation has aroused widespread concern in departments in China's academia and the practice.
公益诉讼作为一种新的社会现象和法律现象,近年来在我国引起了学术界和实践部门的广泛关注。
In the near future, I believe the theory of public interest litigation system and practice will have good results.
在不久的将来,相信公益诉讼制度的理论完善及实践的良好结果会展现在我们面前。
The administrative reconsideration and the administrative litigation have a lot of conflicts in the legislation and the practice. We should solve the conflicts, and make them to connect perfectly.
另外,二者在立法上和适用上存在很多不一致的方面,应更好地解决其实践冲突,实现二者的完美衔接。
The administrative reconsideration and the administrative litigation have a lot of conflicts in the legislation and the practice. We should solve the conflicts, and make them to connect perfectly.
另外,二者在立法上和适用上存在很多不一致的方面,应更好地解决其实践冲突,实现二者的完美衔接。
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