Social Change And Institutional Construction

Administrative litigation system was established in France in 1889. The basis of it is the democratic politics. The means of implementation is judicature investigation. And the purpose of it is protecting the private rights and controlling the administrative power. Because of it's special law system that brings into line with the democracy, freedom and legal society, more than 70 countries ' constitution stipulates that the citizen can take legal proceedings against the illegal administrative activities of the administrative department. So the administrative litigation system is becoming the important symbol of a democratic and legal country.The modernization of the administrative litigation system of China comes into being about one hundred years. It was in the embryonic stage in late Qing Dynasty, started in the Northern Government of the Republic of China, and established in the Nationalist of Nanjing. And then, it was disused at the beginning of the People Republic of China, rebuilt in 1980s, and perfected in 1990s. But the scholars who study the administrative litigation or law history do not pay much attention on the administrative litigation system of China. Actually, the systematic, thorough and comprehensive study on the modernization of the administrative litigation system of China in the past one hundred years does not begin. So, discussing the theories of the administrative litigation system of China, analyzing the evolution of the administrative litigation system of China, probing the culture impact on the administrative litigation system of China and summarizing the experience of success and the lessons of failure is of theoretical and practical importance.The dissertation discusses the theories of the administrative litigation system of China, probes the culture the modernizing history of the administrative litigation system of China, summarizes the experience and lessons and points out the target and direction of the modernization of the administrative litigation system of China by analyzing and comparing the materials including the legal provision on the administrative litigation system, administrative litigation cases and files that were come out with by the authority of People Republic of China and the government bulletin of the Republic of China.There are three parts in the dissertation.The first part applies theories of modernization to analyze the universal theory study of the modernization of the administrative litigation system. It main studies the connotation, norm of evaluation and the pattern, condition, advantages and disadvantages of reform.The dissertation summarizes the administrative litigation system is the legal thoughts, systems, principles, rules. Installation and the practical activities that are related with citizen take legal proceedings against the officers. And the historical course of which is the modernization of the administrative litigation system.The dissertation believes that there are three norms to evaluate if the modernization of the administrative litigation system got. They are the rationality of form, value and practice. The rationality of form is related the articles, such as the completeness of articles, compactness of structure, harmony of contents and the science of style. Moreover, every legal link from legislation to judicature should go by statutory power and proceeding. The rationality of value is that the legal idea is forever and rational. It must be in line with the universal value like the basic majesty and of human, liberty, equality, equity, justice, security, cosmos and efficiency. The rationality of practice is the secure of the purpose to achieve the administrative litigation system. In other words, the administrative litigation system can protect the citizen's legal rights and prevent the administrative power abusing efficiently. The administrative litigation system is an open system, so it can adjust rationally according to the requirement of the development of the society.There are two models of reform of the modernizati...