On The Function Of Administrative Litigation

There are different points of view to the function of administrative litigation in different public law theories in western countries, in which it was discussed in different theoretical viewpoints and the various based on the different theories of the rule of law. Of course, there ere same themes concerned in the above-mentioned theories, which including the orientation of the goals of administrative litigation, the position of administrative litigation in the system of the whole public law systems , and the basis of the legitimacy of administrative litigation .If we empirically study the administrative litigation, we can find that the function of administrative litigation is ever-changing even in every countries. There is also the sign that the administrative litigation was gradually integrated into the system of the whole public law, the tasks of which is undertaken by all the public institutions, but not only the administrative litigation. If analyzed in accordance with the historical development, all the administrative litigation systems in different countries can be grouped into three different types: the bureaucratic administrative litigation, formalism administrative litigation and function administrative litigation. We can see that three of them come into being basically in a background of specific society and constitutionalism.In the eye of the orientation of the function of administrative litigation, we can come to the conclusion that China's existing administrative litigation has a strong tendency of formalism. Specifically, although the value target is expressly provided in the China's existing administrative litigation law , but the values is not be carried out from a practical system design. The scope of the review is not only narrow, but also disharmonious with other review mechanism. The basis of the legitimacy not only has a single form, but clings closely to the legislative power. It can be believed that the rule of law is slow when administrative litigation was promulgated. Not only some puzzlements is left unresolved so far, we can see that the administrative litigation are facing unprecedented opportunities and challenges worldwide, such as the problem how to mute the conflicting administrative proceedings value target of the administrative litigation,how to deal with the relations between the different review mechanism, how to coordinate the diversified forms of law, and so on As a result, the author brings forward a series of selfviewpoints according to the history experience of the vicissitude of the function of administrative litigation. The theories above is analyzed too here.Firstly, Theoretically, it has its shortcomings that administrative litigation position a single value target for the rule of law. As mutual conflicting administrative proceedings value target may not be unified in the same proceedings, it is will be an inevitable requirement to category specific value objectives of administrative litigation.Secondly, the scope of the review of administrative proceedings should be fully taken into account not only the nature of controversial cases, but also the other review mechanism. Traditional law theory which built the relationship between the administrative litigation system and the internal review mechanism of administrative proceedings from the perspective of decentralization, fairness of the value and conflicting efficiency goals lies deficiencies. It is suggested that the Court can ensure the realization the objectives of fair value through a variety of means, including strengthening the way of the supervision of the internal review of the working of the process mechanism to administrative proceedings. This can coordinate the conflicting between the fair value and the efficiency. Thus, In China the principle of "end of administrative relief" established in the administrative proceedings is not only the inevitable requirements of diversification of review mechanisms, but also the inevitable requirement which coordinate fair and efficient. Because of the Complexity issues in the "public law field", it is necessary to make some adjustments for the traditional system of the proceedings of law, and re-consider the division and coordination of the scope of the review civil and administrative, both of which should train independent quality for themselves. It is necessary to establish a higher level of the organs of the dispute settlement mechanisms of state power. For China, it should not only be given to the judge in administrative proceedings who hear the case directly based on the power of the Constitution, but also it is still necessary to establish a higher level of constitutional review mechanisms to ensure the executive of the judicial power.Thirdly, based on of the basic experience of functional changes of administrative proceedings, the author put forward the legitimacy of basis of administrative proceedings are the results of interaction between administrative litigation system and social background. Administrative proceedings based on the legitimacy of the system is not a single performance possible form of law; forms of various laws need to be constantly tested in practice. It is ture that any single form of the law has been unable to meet the needs of social development. Diversification of forms of law is inevitable. The basis of the legality of administrative proceedings should be founded not only giving full consideration of coordination in Legal environment, but also taking into account the social value of objective response. It is also the key issues to handle the relations between them. It is suggested that China should be further enriched and improved fundamental Principle System of administrative proceedings reviewFinally ,It is pointed out that it is necessary to improve the administrative litigation for its own. for administrative litigation system function being fully Played. On the discretion of the judicial norms and the prevention of corruption in the judiciary, the author put forward the basic viewpoint which need further standardize the process of the exercise of judicial power.