A Research On The Administrative Litigation System In The Beijing Government Of The Republic Of China

Pingzhengyuan is a special institution in the BeiJing government of the Republicof China. This organ has two basic functions: supervising officials and hearing theadministrative litigation cases. As the first practice of the administrative litigation inChina, the administrative litigation in Pengzhengyuan era is useful to the developmentand reform of the today’s administrative litigation. But the studies of thePingZhengYuang are mostly introduce and explain this institution from theperspective of history. This dissertation attempts to study the practice ofadministrative litigation and evaluate achievement and prombles of thePingzhengyuan and the administrative litigation system.The dissertation consist of eight parts. In the preface, discusses the purpose andthe value of this study,and defines some keywords in the dissertation, such as theadiministrative litigation, administrative judgement(xingzhengcaipan,行政裁判；xingzhengshengpan,行政审判), the administrative appeal(suyuan,诉愿),administrative action(xingzhengcufen,行政处分), the administrativeorganization(xingzhengzuzhi,行政组织), the administrative agency(xingzhengjiguan,行政机关),the administrative department(xingzhengguanshu,行政官署). Defines theobject and scope of the study; analyses the present study of PingZhengYuan andadministrative litigation in BeiJing Gvoerment of the Republic of China; explainsresearch methods.In chapter one:“Judicial Organ of the Administrative Litigation:Pingzhengyuan’s Functions, Status and Nature”, the dissertation expounds thesupervise official function and hear administrative litigation case function, identifiesPingzhengyuan’s status and nature: a special administrative organ attached to thepresident, from legislation and practice two aspects. Firstly, according to article1of the Regulation on the Establishment of the Pingzhengyuan(Pingzhengyuanbianzhiling,平政院编制令), Pingzhengyuan attached to the president, and thelitigation practice that the Pingzhengyuan submitted the decision to the president alsoproved the Pingzhengyuan’s status. Secondly, based on the provision of theProvisional Constitution of the Republic of China and the Constitution of theRepublic of China(1914), the scope of the court in the period of the BeiJinggovernment, and the Pingzhengyuan’s authority in the litigation, we can conclude thatthe Pingzhengyuan is not a judical organ but a administrative organ. And lastly, thedissertation concludes that the Pingzhengyuan is a special administrative organ,because it’s function, qualification, select and appoint procedure and statusguarantee of it’s judge (Pingshi评事) are all different with other administrativeorgans.In chapter2:“Study of the Subject of the Administrative Litigation”, firstly, thedissertation analies the status, rights and obligations of the subject in theadministrative litigation. Secondly, analies these subjects in the Pingzhengyuanjudgement. Lastly, lists the changes of judges (pingshi评事), the president of thecourt, and the president of the Pingzhengyuan, and their resume.In chapter3:“Study of the Admiinistrative Litigation Procedure”, thedissertation discusses the scope of the accepting cases, sue procedure, hear procedure,enforcement of the judgement, level of trail of the administrative litigation, legal basisof the judgement and administrative litigation evidence,etc. This chapter speciallydiscusses the scope of the accepting cases in detail. In the Administrative LitigationLaw (Xingzhengsusongfa行政诉讼法), the scope of the accepting cases was limitedto the administrative action that is illegal and infringed the people’s rights andinterests. In practice,Pingzhengyuan firstly enlarged the scope of the law; secondly,restricted the scope of the administrative discretion; thirdly, enlarged the scope of theadministrative actions; lastly, eased the restriction that rights and interests must beinfringed.In chapter4:“Study of the Classfication of the Litigation”, the dissertationclassifies the administrative litigation through analyzing Pingzhengyuan’s verdicts. Firstly, classifies the administrative litigation in theory; secondly, classifies the casesby the administrative action; and lastly, classifies the cases from the platiff’s infringedrights.In chapter5:“Analysis of the Administrative Litigation Judgement”, firstly, thedisserctation discusses the form of the judgement： reject the suit by “pi”(批) andmake judgement by verdict (caijue裁决) after case hearing. Secondly, classifies thejudgement of the Pingzhengyuan’s verdict through analyzing the verdicts. Lastly,analyses validities of the Pingzhengyuan’s judgement.In chapter6:“the Pursue and Practice of the Rule of Admininstrative Law: thePurpose of the Administrative Litigation and the Independence of the AdministrativeAdjudication”, analyes the purpose of the administrative litigation in BeijingGoverment, concludes that there are two purposes: guarantee the validity of theadministrative action and remedy the rights. Befor june,1916, the first purposepredominated, after Suzhengting was repealed, the second purpose predominated. Inaddition, the chapter also analyes independence of the Pingzhengyuan inadministration adjudication and draw a conclusion that both the judge and thePingzhengyuan are independent, without interference from other organ and people.In last part:“Epilogue”, the dissertation evaluates the results of theadministrative litigation of the Beijing Government in early the Republic of China:proved that the special administrative litigation organ can stably operate; strengthedthe consciousness of rule of law of citizen; protected the citizen’s right; restrainedthe administrative power. Although the administrative litigation system had achievedsignificant success, it also exposed some defects: one side, sole judicial organ systemreduced the quantity of the administrative litigation cases, weaken the functions of theadministrative litigation; other side, the statu that the Pingzhengyuan attached to thepresident weaken its independence. Although it has these defects, the administrativelitigation in the Pingzhengyuan era still can provide many references for today’sadministrative litigation reform: independent judicial organ; thorough status guaranteeof the judge; restrict the activity to guarantee the just of the judgement; Suzhengshi(肃政史) instituted administrative action; general-style provision aboutscope of accepting cases, etc.