A Study On Administraction Litigation System In Modern China

There is no Administrative Litigation system in ancient China. It means great impacts when modern administrative litigation system was transplanted to China. It is difficult to understand and accept the system. When we think of the history of the legislation of the Administrative Litigation system, we can find that the Administrative Litigation, as a transplanted system, makes great effect on Chinese society, and becomes a sign of constitutionalism. In fact, it makes great effects in arranging administrative complication. In the proceeding to adjusting to the Chinese surrounding, it has some changes in the system, and reflects the reality of China.The Administrative Litigation is a kind of system which embodies modern legal civilization. There are more differences among Administrative Litigation, Civil Proceedings and Criminal Proceedings. The Administrative Litigation system in modern China originated form the preparation of administrative judgment court in late Qing dynasty. The late Qing dynasty not only drew up the draft law of this institution, but also made arrangement for its establishment in the course of preparing for constitutionalism. People proceeded with the works of establishing the modern Administrative Litigation system and many constitutional documents contained some provisions concerning administrative litigation at the ROC′s incipience. In the period of Beijing government, Administrative Litigation law and others were promulgated formally, and Ping-Zheng-Yuan, the first special trial institution for administrative cases in China, was established in 1914. At that time the judicial system practiced dual mechanism that separated administrative justice from common justice. Therefore it had many special features on concrete systems and principles. It makes great effect in Chinese society.