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" administrative law " medium case analyses a problem

From;  Author:Stand originally
Beijing takes an examination of a hot line to read law 93 times oneself is the course with very strong practicality. The purpose that law takes an examination of oneself, it is the academic knowledge that lets examinee control book go up not only, more important is the ability that exercises examinee to understand problem, understanding problem. Accordingly, case analysis is inscribed as what inspect examinee to use capacity actually model, appear in the metropolis in the examination paper of major law course. And all previous self-study reads the circumstance that coil to make clear, case analyses a problem most let examinee have a headache, notch inferior also, affect integral exam result. The article tries with " administrative law " 9 medium problems are exemple, to how be being analysed, solution answer example makes one specification.

Solve good case to analyse a problem, involve 3 aspects: Above all, want to master basic knowledge, this is a foundation, face examination questions examinee to meet otherwise " 2 bonze feel a unit of length not to read mind " ; It is the skill that solve a problem next, how to analyse examination paper namely, this is the key of answering question; Finally is to master answering question skill, this is the measure that gains tall cent on the foundation of the meeting.

With whole nation of second half of the year taught the case analysis in coiling from the exam high to be 1997 exemple:

Officeholder Zhang Mou often participates in gamble. One day, because Zhang Mou participates in gamble to be seized on the spot by public security mechanism. Be in with 15 days detain the amerce with 1000 yuan. After Zhang Mou is in an unit to receive public security mechanism to inform to Zhang Mou's adjudication, give to Zhang Cai via considering to make the punish of discharge decides. Zhang Mou refuses to obey, it is the accused to mention lawsuit of politics of start on a journey to people court with public security mechanism and place unit respectively.

We should like to ask, whether can people court accept Zhang Mou sue? Why?

Had solved this problem, need to had made range of the following tripartite:

One, master concerned knowledge problem of this case analysis involves 3 knowledge feature: (1) about " of administrative lawsuit get case range " , namely administrative procedural law the 2nd, the 11st regulation with the 12nd, especially the 12nd Nai removes a provision about what administrative lawsuit gets case range. (2) about " the condition that accuser sues " , namely administrative procedural law the 37th, the 38th, the 39th, the 40th Nai and the regulation of the 41st Nai, especially the 37th the 2nd regulation (" law, code sets apply for to reconsider to the executive authority first, refuse to obey to reconsidering again to people court to lodge a complaint, the regulation of according to law, code " ) . (3) about " the relief way that public security administration punishs " . Punish the regulation of byelaw according to public security management, the punishment that is made to public security mechanism by condemnatory person decides to refuse to obey, ought to above all up mechanism of one class public security applies for to reconsider, refuse to obey to reconsidering a decision, ability can mention lawsuit of politics of start on a journey to the court.