Study On Classification Of Administrative Litigation

With the People's rising awareness of rights in recent years, Administrative Litigation Law,which regulates the judgment about the relationship of rights and obligations between the people and the government,has inadequately responded to the change.In the previous procedure of administrative reconsideration and administrative litigation, the principle of written hearing adopted by the authorities who accept suits brought by citizens has been most seriously criticized by the public.The ordinary people with grievance usually had no chance to complain of the wrongs they had suffered clearly in the face of members of the administrative reconsideration committee or judges.So Administrative Litigation Law has been widely revised by Legislative Yuan and now it has increased to 308 provisions,almost ten times of the previous amounts.It covers a lot.For example,it sets up more advanced administrative courts.And once administrative courts had only one level and the citizens had only one chance to be judged but now they have two levels and the citizens have two chances to be judged.And the system of administrative reconsideration,reconsideration again and then administrative litigation have turned into the system of reconsideration,the first trial(the advanced administrative courts) and then the second trial(the supreme administrative court).The new system has reduced the unreasonable situation of administrative organ's roles of both player and arbitrator in the procedure of administrative reconsideration and increased the levels of neutral administrative courts.From these things,we can know the new system wants to correct the old system and give the citizens more chances to debate and speak out freely.In the widely revision,the concern of this dissertation is the increase of administrative litigation patterns.That is because administrative litigation patterns matter the first if a citizen could come into administrative judicial review.If a citizen cannot choose a litigation pattern or cannot correctly choose a litigation pattern,he or she will drop into a dilemma of "right exists,no relief".So the main aim of this dissertation is to analyze the administrative patterns completely and logically.Firstâ… explore the fundamental litigation elements of administrative litigation patterns in the new administrative litigation system.By this step,I try to help the citizens choose the correct and efficient litigation patterns in order to accord with the legislative intent of "right exists,relief exists."The first chapter of this dissertation talks about the study motive, study purpose and the problem which this dissertation wants to solve, which is about the probable problems brought up by the merger of objective litigations and then I raises the study methods,mainly literature analyzing and comparing methods which are adopted to explore the development of administrative litigation law.At last,I point out the range and the limitation of this dissertation.In the second chapter,I introduce the administrative litigation patterns in Germany,France and Japan,explain them and compare them as the reference of legislation and law interpretation in the future.At last in the conclusion of eighth chapter,under the ideas all above and the principle of effective rights protection,I am looking forward to the coming of classification of administrative litigation in this dissertation.The third chapter of this dissertation is about the necessity of administrative litigation patterns.First,I introduce the characteristics of the administrative litigation and clarify the things that the administrative litigation should deal with and their particularities.Then I gather all the information about how the general academic distinguished the administrative litigation in order to establish the standards of patterns next step.In the end,I disclose the tasks commissioned by the Constitution and the necessity of rights protection of administrative litigation patterns by stating the principles of freedom of legislation formation and due process of law.The fourth chapter introduces the revocation litigation.In this chapter, I first distinguish two concepts about litigation elements and essential judgment elements and establish the litigation elements as the elements of premise to judge if a litigation relationship has been established.Then I introduce every litigation element of the revocation litigation with some valuable practice opinions as evidences to prove the academic theory.The fifth chapter is about pay litigation.I respectively introduce the essential contents and litigation elements of performing obligation litigation and general pay litigation and analyze their relationship between the other litigation patterns.The sixth chapter is about confirmation litigation.This chapter has been divided into several important points.They are the supplementary principle of confirmation litigation,the litigation elements of confirmation litigation,the relationship between the confirmation litigation and the other litigation patterns and the question whether a situation judgment could be made in confirmation litigation and so on.By talking about these things,I analyze the particularities of confirmation litigation and the feasibility of its operation.The seventh chapter concerns about the relationship between statutory litigation patterns and the other litigation patterns.Besides the revocation litigation,the pay litigation and the confirmation litigation,I also introduce some valuable litigation patterns in statute and academic theory.And then I analyze the relationships among statutory litigation patterns as the primary conclusion of thc introduction on litigation patterns distinction.In the end,I analyze statistics of all kinds of litigations patterns in practice in recent one year as references.If the procedures of administrative litigation approach more to convenience and availability,the citizens will use the tool more easily and the procedures will become more close to the people's life.So it has great importance and practical meanings to discuss how the litigation procedures operate.Because the legal theory of a law is not only the norm of its operation,but also the central spirit of its contents,and if we study on a law's change and amendment,we often date back to the theory's change. So we can say the change of legal theory is the guideline of the legal system.In order to know a law's past,present and the future,it seems a suitable way to study the legal theory it contains.Hence this dissertation takes legal theory as the starting point to discuss administrative litigation patterns and some problems,and also it's the main method this dissertation adopted.Besides that,some scholars' valuable opinions,the lately statistics and some valuable practice opinions are all my study objects.So that we could get more supports and values in academics and practical operations.