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This procedure allows for the administrative body to correct possible mistakes themselves and is used to filter cases before going to court. Sometimes, instead of bezwaar, a different system is used called "administratief beroep" administrative appeal. The difference with bezwaar is that administratief beroep is filed with a different administrative body, usually a higher ranking one, than the administrative body that made the primary decision. Administratief beroep is available only if the law on which the primary decision is based specifically provides for it. An example involves objecting to a traffic ticket with the district attorney "officier van justitie", after which the decision can be appealed in court. While administrative decision making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process United States or fundamental justice Canada.

Posted March, 2011 by Admin

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Since the 1980s, the People's Republic of China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Communist Party of China. However, many have argued that the usefulness of these laws is vastly inadequate in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak judiciary, poorly trained judges and lawyers, and corruption. In 1990, the Administrative Supervision Regulations 行政检查条例 and the Administrative Reconsideration Regulations 行政复议条例 were passed. The 1993 State Civil Servant Provisional Regulations 国家公务员暂行条例 changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introduced a rotation system. The three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law 国家赔偿法 was passed, followed by the Administrative Penalties Law 行政处罚法 in 1996.

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While administrative decision making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process United States or fundamental justice Canada.

In community property states, any property obtained during the marriage must be split evenly, while in states that don't recognize community property, the split could be up to parties or even the courts.

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Posted February, 2011 by Admin

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