Administrative Proceedings Structure

"A butterfly dancing in the wind in Brazil is likely to cause a tornado in Texas in the United States." "The Butterfly Effect" for the social structure of society can be a very good explanation of the interaction mechanism. It's a good play to show the underlying reasons for the changes in social structure and generating system. Based on the analysis of the social structure, the article makes a research on the structure of the administrative proceedings. Under the profound effect upon the structure of the administrative proceedings by the social structure, the article wants to point out that the main target of the structure of the administrative litigation is to protect the legitimate rights of the relative people of administrative lawsuit. This paper has no intention to inspect the specific operation of the structure of the administrative proceedings itself, and also no intention to build the structure of administrative litigation system, which is means that the paper doesn't intend to answer the question "what is the structure of the administrative proceedings". Otherwise, this paper focuses on the impact on the structure of the administrative proceedings by the social structure, which is means that this paper wants to answer the question "Why". In order to get the answer, this paper interprets intrinsic value of the structure of administrative litigation under a new perspective through construction of the concept for the structure of the administrative proceedings as well as the induction of the philosophy and sociology analysis.This paper is divided into six sections, about 200,000 words. Now, it is described as follows:The first part makes a general introduction. In the chapter, it has a good explanation on the reasons of the studies for the structure of the administrative proceedings as well as the significance and present study of the structure. Not enough, it also makes the necessary explanation for the research methods in the chapter. This article holds that the theory of litigation proceedings is the major theoretical basis for the construction of the litigation systems, but our scholars has not yet in-depth study on the structure of the administrative proceedings. This paper also holds the view that some explanations are not completely applicable to the structure of the administrative proceedings, including the explanations from the structure theories of the civil litigation and criminal litigation for lack of common ontology basis. As the special relationships of the law for the administrative Litigation and the Law for the administration, the scholars for the administration law don't have a good exchange-idea way with the scholars for the administrative litigation. Therefore, the theoretical research on the administrative proceedings has been marginalized to a certain extent.By the research on the keywords, this paper has a brief analysis of the happening mechanism on the keywords such as the administrative proceedings, civil proceedings and criminal proceedings. In the end, we can concluded that the word "punished" is key for criminal proceedings and the word "service" key for civil proceedings. After the necessary analysis for the specialty of the administrative proceedings, this paper pointed out that the word "resistance" is important for administrative proceedings.After an analysis of the status for the structure of the proceedings in the paper, the research on the structure of the proceedings should go beyond simple structure of the main body. And we should focus on structural decomposition of the proceedings, such as the structure of the act and the discovery for the standardized structure; The explanation for the system should not only meet the target "what it is" and it should excavate the depth of the decisive reasons for the structure of the litigation .So, we can find a new growth point for the theory to develop the administrative proceedings.This study method in the paper basically belongs to a social structure analysis. It puts the structure of the administrative proceedings in the social structure as a social phenomenon. In addition to commence the study on the structure of the proceedings beyond itself, this paper wants to find a desired administrative proceeding.In Chapter 1, this paper has an analysis for the concepts of the structure of administrative litigation. Through the establishment for the concept system of the structure of the administrative litigation, the article examines the structure and the methods. And the paper holds that the internal structure is the match and order of various components, which directly reflects the relationships between the elements, namely, the interaction between the various elements. The analysis for the structure is the core idea in structural analysis. To be more precise understanding of the structure of sociological analysis, this paper makes an introduction for concepts dealing with structure such as structure, structural method and structuralism and also makes the necessary explanations for the views of major schools about structure. At the same time, the history of the development of the structuralism is so short that the theory of the structuralism is specially chosen in the paper. And, the concept "structure" and "structuralism" have been made difference, which let us understand that the structural method is taken in by the paper. On the comparison of the relative concepts about structure, the paper takes in the method "concept exchange "in order to make up the relationships of concepts.In the paper, the concepts "litigation", "litigation structure "and "the structure of the administrative litigation" have been well explained. This paper holds that view that the structure of the administrative litigation includes all relationships of the plaintiffs, the defendants and the court, which reflects the relationships between the state power and the citizen rights.In chapter 2, the Ontology of the structure of the administrative litigation is introduced, which is usually explained as the theory about existence. Hans. Bossier ( a famous scholar in Germany) pointed out the importance of Ontology in the scientific research.The theory "Ontology" in the paper reflects that the administrative litigation should be "what ".And what should be studied in the research for the administrative litigation by the same idea.Chapter 3 is the epistemology of administrative litigation. Based on the author's own understanding, this paper analyses the administrative litigation standing on the point of sociology. It is concluded that administrative litigation is determined by the social structure. It is the sub-structure under the chosen social structure that has connection with the structure of administrative litigation and forms the correlated structures. Also concluded in the paper is that social class structure affects the value orientation; social interest structure determines the choose of administrative litigation structure; and social power ( right) determines the mode of administrative litigation structure; social interactive structure leads the way of administrative litigation reform. Therefore, the core value of administrative litigation structure lies on the protection of human justifiable rights. Detailed social analysis makes this paper with higher theoretical value and contributes value proof to administrative litigation structure.Chapter 4is the theoretical research on administrative litigation. In author's opinion, administrative litigation structure is not only the high abstraction of administrative litigation system, but also actually lies in the proceedings of administrative litigation. The administrative litigation structure reflects the basic value and the concept of administrative litigation, thus, it is the foundation of administrative litigation activities. It is on this point that administrative litigation law is regarded as administrative litigation structure law. The author thinks that administrative litigation should bear the spirit of administrative law and maintain the spirit on the structure level. Having explained the relationship between procedural law and material law, it is concluded that such relationship determines that procedural law should reflect the value pursuant of material law and follow the legal principle of material law. This means administrative litigation structure originates from basic concept and theory of modern administrative law, all of which have implanted in the procedural concept and principal of administrative litigation. With such idea and deep analysis to the administrative litigation, the author has explained that the basic value and litigation purpose of modern administrative litigation structure are to ensure the justifiable right of human being.Inspired by the structuralism, this paper uses the principle of Structure Exchange to analyze the relationship of administrative litigation structure. It concludes that except the plaintiff, there is another body—the administrative body, which leads the Court, Citizen and Administration to come together in the administrative litigation proceedings.Chapter 5 is about the formation of administrative structure in our country. Using three important sub-structures of administrative litigation as the logic sequence, the author selectively has ideas to form the administrative structure of our country. According to the classification of organization, structure rule and action structure and using the Court as the object, the author has his suggestion on solving the problems existing in our country's administrative structure and on how to structuralize the system. The author thinks that it should make reform on the current judicial system; improve the administrative litigation rule structure of so as to ensure the right; establish scientific and reasonable administrative structure so as to promote harmony of society.