Research On The Object Of Administrative Proceedings

The object of the administrative action is the important basis for judging whether the parties double complain, resolving the joinder and variation of actions and determining the scope of res Judicata. The definition of the object of administrative action should be dependent on litigation function, established in the characters and disciplines of litigation. The object of administrative action should aim at guiding administrative lawsuit practice and keep balance between "rights remedy availably" and "supervision over power effectively" as much as possible. As a concept of technique of law, the theory of claim corresponded with china’s administrative litigation and further development. On the basis of this clue, the paper is composed of six chapters:The chapter one, "the basic theories of the object of administrative action", pay attention to the concept, the origination and the theories related on the objective of administrative action. The theory of objective of civil action originated in the civil litigation in Germany, the premise is the difference between the claims in substantive law and the claims in procedural law. The objective of action could be define both in substantive law and procedural law. In the view of substantive law, the object of action is the claims referred by plaintiff on the ground of substantive law. In the sight of procedural law, the object of action is the claims which plaintiff put forward to court to give judicatory verdict, it is independent of substantive law. The object of action is related with procedural principles. Based on the principle of dispositon, plaintiff has the right to dispose the objective of action. In order to guarantee the scienceness of the concept of object of action, the economic principle of action plays an important role. Finally, with regard to the discovery, proof and the judge’s right of interpretation, it is relevant to the principles of debate and inquisition.The chapter two presents the theoretical studies and practice perspective in the countries and areas of civil law system, furthermore, give an outline of the systems of course of action, issue preclusin, claim priclusin in common law system. Findings from the comparative analysis, in Germany most scholars and practicer hold the viewpoint that the objet of administrative action is the claims on the substantive law. But in Japan, the theory of illegality of administrative act is supported both in theoretical and practical circles. The root cause is that the procedure construction is systematically different in Germany and Japan. In Japan, judging the right damage by administrative act is a essential condition for initiation of proceedings, if the complaint is acceptey by court, the right damage will be no longer judgment in the process of trial. But in Germany, plaintiff lodge a complaint, the qualification is not restricted by right damage, the object of administrative act is composed of the illegality of administrative act and right damage of plaintiff.The chapter three investigates the relationship between the orientation of constitutional norm and the objective of administrative action. Through analyzing the Constitution foundation of adminstrative litigation, reviewing the aim of administrative litigation, we could draw the conclusion that the aim of administrative litigation depends on the task and purpose of constitution. On the basis of different aim, the structure of litigation is also different, and then the object of administrative action will be different. From aim-oriented, administrative litigation could be divided into subjective litigation and objective litigation, of which subjective litigation aims to protect the individual interest, objective litigation aims to protect public interest. Under the different litigation mode, the object of administrative action is different.The charpt four research on the object of administrative in our country. In this charpt, principally assay the present theory situation related with object of administrative action in china. Primary research results show that the theory of object of administrative action is defective, and it is deficient to guide juridical practice. This paper point out that object of administrative action is a concept connected substantive law and procedural law. The object of administrative action should be considered as the claims on the ground of substantive law. The charpt five focuses on the relationship between object of administrative action and the boundary of res judicata. the final effect of judicial decision in china is indeterminate. It lead to serious functiona barrier for stability of judgment and damage the authority of justice. This paper hold that the size of the objective scope of res judicata is closely related to the theories of object of administrative action,the objective scope of res judicata is defined by the scope of object of aciton. In administratve litigation the objective scope of res judicata contain two branches,of which there are the judgment of illegality of administrative act and the caims of plaintiff raised in suit.The charpt six concentrate on the joinder and variation of administrative actions. The primary purpose of this system is to suit economy and solve the administrative dispute once and for all. However,if it has not constraints, the joinder and variation of administrative actions will add difficulties to defendant’answer, threaten to the defendant’ procedural interest. Studying from method of comparison,we could find that it formulate some procedure restriction in administative litgation law. According to relative legislative experience, this paper puts forward a tentative mechanism based on the real condition of China.