From Administrative Tribunal To Administrative Court

Administrative lawsuit is a legal system which is based on democracy and devised on judicial review, and is a means to protect the citizens’private profit and restrict the abuse of executive power. Modern China has established a dual judicial system which includes parallel administrative proceedings and general litigation following the continental law system countries, which has experienced in the administrative proceedings from the "Administrative Tribunal" to "Executive Yuan Ping" and to "Administrative Court". Observed from the perspective of the political power structure and centered on the administrative trial organizations, this paper analyzed the changes of the different political structures in the administrative litigation system at the macro level clued on the running into, developing and shaping of the administrative litigation system in China; and at the micro level, this paper studies the institutional changes at each stage of administrative proceedings from the four dimensions of concept, system, operation, history and evaluation.This article is divided into five parts. The first chapter is "Chinese Context Transmitted from the Theory of Western Administrative Law". First, the traditional Chinese officials and the public dispute settlement mechanism is discussed, although in Chinese history it plays its due role, but at the same time it results in the lack of constitutional resources and the equality and freedom of thought, and the dispel of the right to appeal. Second, the concepts of administrative law and system of the West are discussed. They are the institutional reflects of the rise of the Western concept of human rights, separation of powers and checks and balances thought, and the rule of law of universal faith. Finally, the concept of western administrative law running into China is discussed, which is a process from passive accept to active choice, from a system level to the process level, and from imitating to integrating.The second chapter is "Administrative Tribunal under the Imperial System". First of all, the deficiencies of administrative judgment thought of the late Qing dynasty are discussed, which mainly reflected in the ideas of establishing administrative judgment court in the Official Reform, in the disputes of political and academic circles on the set of Administrative Tribunal, in the establishing the administrative law in the late Qing New Legal Education and in establishing and enacting the administrative laws and regulations in the late Qing dynasty. Second, the planning and establishment of the Chief Magistrate Court are discussed, in which the planning of the establishment of Administrative Tribunal in the Official Reform, and the composition, powers and related systems of the Administrative Tribunal on are specifically introduced. Finally, draw in the history of evaluation, the establishment of the Administrative Tribunal reflects the radical modernization of orientation, a departure from the frame design of the basic political structure, and an subject to the influence of traditional executive power.The third chapter is "Executive Yuan Ping under the Separation of Powers". First of all, the early Republican debates on the Judicial System are discussed, analyzing the viewpoints of the representatives of the factions on some focal problems of the property of administrative jurisdiction, one-tier system or the dual system and the fate of the Supervising Council. Secondly, the legal basis, organization, functions and related systems of the establishing of the Executive Yuan Ping are discussed. Again, according to "The Chief Magistrates Court jurisprudence" and other relevant information and using the modern classification criteria, the trial level practice of the Executive Yuan Ping is examined. Finally, it is the view in the historical evaluation that the establishing of the power and functions of the Executive Yuan Ping shows the idea of Chinese and Western, Executive Yuan Ping Cao pursued an "elitist" principle, the operation of the Executive Yuan level reflects the philosophy of modern litigation, and the Executive Yuan Ping system has a trace of imitation.The fourth chapter is "The Administrative Court under the Divided five Power". First, it is discussed that the National Government of Nanjing established a set of relatively complete system of judicial organization and trial operation mechanism in accordance with the "five-power constitution" institutional framework. Then the legal basis, organization, powers and related systems security of the establishing of the administrative court system are analyzed. Then, the trial practice of the Administrative Court is examined according to "Administrative Court Compilation" and related historical data and using the modern classification methods. Finally, the administrative court system is evaluated historically, considering that the set of the organization of the Administrative Court reflects the tendency of judicial administrative proceedings, the system design reflects the concept of modern litigation absorbing and learning abroad, judicial practice develops the administrative judicial precedent system.The fifth chapter is "The Enlightenment of the Transformation of the Administrative Litigation System". First, the administrative proceedings embody the essence of a national power structure design patterns. Changes in the structure of political power influence the administrative litigation system in China. Compare the Chinese and Western architecture in the administrative proceedings in the constitutional role to explore the reconstruction of the administrative proceedings within the national power structure in the new era. Second, the process of administrative litigation system migration is one that being conflicting, compromising and balancing with traditional culture. Therefore, we should deal with the conflicts between Chinese and Western cultures to achieve the interaction between ideas and systems, and the interaction between the traditional and the modern. Third, the historical experience and lessons of the administrative litigation show that the purpose of administrative proceedings should be positioned in the balance of executive power and civil rights, organizations of the administrative proceedings should be designed to achieve a reconciled unity of independence and professional nature, and the Administrative Case System should be gradually established and developed in the administrative trial practice.