The Development Trend Of The Administrative Procedural Law of Mongolia

서지정보

· 발행기관 : 전북대학교 부설법학연구소
· 수록지 정보 : 법학연구 / 56권 / 1 ~ 30페이지
· 저자명 : 아딜비시 에르덴척트

초록

The administrative procedural law is a newly developed law branch in Mongolia. Therefore, a comparative research method on the theoretical foundation of the administrative procedural law plays an essential theoretical and practical role. The purpose of the procedural law lies in its complex system regulating the relations directly linked with the protection and provision of the most basic and important social value such as human rights along with their restriction by the state. This procedure does constitute a settlement of certain legal offences by the eligible state officials, which may be initiated only by means of a claim.
Since the administrative procedural law falls into the category of procedural law, this article examines it within the framework of their theories by having the civil law and common law systems as example. The administrative procedural law of Mongolia emerged out of the decision and activities of public administrative bodies, as well as the equal rights relation between the citizen and the public administration. It is a settlement process of public legal disputes by the high instance of administrative body and the administrative court through procedural legal rules and these disputes do not belong to the jurisdiction of the constitutional and other regular courts. The administrative procedural law differs from other law branches due to its features of public legal disputes, two-tier and three-tier subjects relation. In particular, the so-called pre-court administrative decision making process of the administrative procedural law, that is an independent dispute settlement process prior to the court litigation, makes this Mongolian law branch very special from others.

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