Observed That The Current Administrative Litigation Case Range From The Traditional Administrative Characteristics

Production of law is often the role of culture. Administrative Law is one of the most important legal run in a morden state. The construction and theory of research can not get rid of the influence of culture in particular of traditional legal culture. China is no exception. Thousands of years of history, gave birth to a long history of Chinese civilization. On this basis, the formation of legal culture is very different from other civilizations, especially Western civilization. Today in China,With rapid advance of the legal's construction, the development of administrative law can be said with each passing day. Historical and cultural traditions on the impact of administrative law, there is few words can explain it. However, from the exploration of basic theory of administrative law we must answer that what kind of impact has this tradition exerted on the development of administrative law in China, what kind of impact, how can we response in face of this affect. If you think you can construct the basic theory of modern Chinese administrative buildings on the ruins of history, by the way of nihilism, this attitude can be considered at least reckless. China's current scope of administrative litigation theory owing to its inherent flaws, especially the lack of cultural roots to the lack of a more dynamic theory of progress. in recent years, the incidence of various social conflicts are not unrelated to this cause. Therefore,to analyse the cause of the problem and clarify under the conditions to the extent permitted, will be benefit to re-construction of the theory of administrative law and the building of a harmonious society.Administrative action system is our major component of modern administrative law. The scope of administrative litigation, as an important one of the basic theory in the administrative litigation system theory, was being the focus and difficult point of administrative procedural law since its formation.A national scope of administrative litigation reflects the level of the rule of law to a certain extent in this country, but also reflects the country on the extent and scope of the protection of civil rights. It can be said that the scope of administrative litigation is a critical point to distinguish administrative act legal or not, also the critical point of the scope of civil rights what the law protects. Along with the rapid development of administrative trial practice, in many cases the emergence of a new administration makes the scope of administrative litigation cases become hot topics of theoretical research.China's current scope of administrative litigation provision is too narrow, impeded the process of China's rule of law, and excessive indulgence of the executive power is bound to damage the legitimate rights of the administrative counterpart. Things are constantly changing, theory should be made with the development of the practice to adapt to changes in its development, administrative law theory is no exception.Since "the Administrative Procedure Law" was enacted, the legislature has never been the case on the scope of administrative proceedings conducted by the substantive changes, but only through legislative interpretation in the form of tinkering with the problem. Author agree that once the foundation of theory exists any problems, repairs of the surface can not solve the fundamental problem, our current range of administrative litigation concerning the provisions of the theoretical causes of the lack of its existence, "official standard" colors seriously, citizenship is difficult to effectively guarantee. However, theory development is a gradual improvement process, we should not respond to the current scope of administrative litigation to be blamed too much, as a country with the rule of law, the United States takes administrative acts of its scope of judicial review is a process of gradual improvement:"No relief no rights" as the core of the rule of law in the United States, prompts the court to achieve by way of judicial review of administrative oversight and redress wrongdoing. In fact, early in the United States, the executive enjoyed "sovereign immunity" privilege, that is, the relative prosecuted the executive authorities should be through the consent of the Government; Citizens' damage from the government's administrative act, was responsible by the officials of individual, the civic and government's dispute evolved into litigation between citizens and officials. With the development of the practice of judicial, The executive authorities of this "sovereign immunity" privilege can no longer guarantee the legitimate exercise of public power, civil rights were willfully damaged. In this case, the United States expanded the scope of judicial review, took the Government of almost all administrative acts into the scope of judicial review of the list. The conduct can not be reviewed must be excluded by rigorously demonstrated. U.S. Constitution about the scope of judicial power was clear, providing a basis for judicial review through the form of fundamental law.Thus, the scope of administrative litigation in China's perfection is not easy, we should take in-depth analysis of the theoretical defects to cause, face the loss of their cultural roots, and on this basis, establish a "human rights protection" for the purpose of the rule of law ideology, abandon the prior guiding principle lack of scientific, so as to enable the scope of administrative litigation theory seedling root is red. Thus, based on the following three aspects of the issue described:the first part, take "Weng'an incident" as an example to see the cultural root of administrative proceedings; the second part,rational analysis about the scope of administrative litigation; the third part, doctrinal scope of administrative litigation of the expansion.