Research On Administrative Litigation Mode

In China, since the birth of Administrative Litigation System in1980s, it has been30years of development history. As a milestone of rule of law, on one hand, Administrat-ive Litigation System plays an important part in safeguarding civil rights and interests and guaranteeing law-based administration; While, on the other hand, it also suffers a lot of institutional and systemic barriers like few administrative lawsuit, high propor-tion withdrawing, limited function, multiple violations of judicial proceedings. As for the reasons, some are restrictions of unreasonable public power structure and unscien-tific judicial system, others lie in the imperfectly designed administrative litigation procedure. And the main example is the lack of reasonable administrative litigation mode which reflects the allocation relationship between administrative ligious right and administrative judicial power. Well-designed administrative litigation mode can exert positive influence on unifying and guiding the building of administrative litigation procedure. In terms of theory, under the influence of administrative litigation type trend, Scholars made abundant resentful research on it and put forward a series of suggestions on Chinese administrative litigation type. However, research on the procedures which accommodates to the litigation types have not been carried out yet. Therefore, under the dual-demand of theory and practice, the paper will discuss the core theme of administrative litigation mode.Under the main topic, the paper presents the general idea on how to establishment reasonable administrative litigation mode with the precedent study of basis on it. Then, comparative Study, logical analysis and value judgment method is respectively used to justify the ideas presented above. Next, the paper successively makes sufficient review and comment work on the litigation mode in administrative litigation law and rules of different times. In order to apply the ideas suggested by the paper to the future lawmaking, the paper not only indicates the possible administrative litigation mode we should select in the future, and also puts forward a lot of corresponding procedural designs which fit the administrative litigation mode we will construct. Following the above-mentioned logic, except for the introduction and postscript, there are five parts contents in the text which study the basic theory of administrative litigation mode, administrative litigation mode comparison between the civil law system and the common law system, establishment reasons, the history and status quo of law stipulations with respect to litigation mode, the future choice and procedure constructions in turn.On basic theories of administrative litigation mode, the paper studies the connotation, element and its relationship and functions of administrative litigation mode. The paper gives ideas that administrative litigation system should elect multiplex litigation mode, different litigation type has corresponding litigation mode, and subjective litigation ought to take adversary system for procedural principle while objective litigation may choose the principle of inquisitorial system.On how to justify the ideas mentioned above, the paper studies the differences, the reasons and the trend of administrative litigation mode in civil law system and common law system with comparative method.Then, on drawing the assessment, the paper believes that the administrative litigation mode will be presenting the mixed structure.Next, the paper discusses the establishment of administrative litigation mode with the methods of logic analysis and value analysis. The paper holds that there are three factors, litigation tradition, litigation value and the system nature, which affect the choice of litigation mode. Then the paper presents the establishment should follow the princilple that taking system nature as basis, coordinating the relationship of litigation values and giving necessary consideration to litigation traditions. To be specific, administrative ligious right and administrative judicial power should form the structure of opposite and balance.As to Chinese administrative litigation system, on basis research and evaluation of the history and current situation of administrative litigation rules, the paper points out three shortcomings like lack of procedural content distinguishment, without the basis of litigation type and no reasonable right-power structure.On applying the ideas above, the paper proposes the general principle and the matched procedural rules of Chinese administrative litigation mode. In particular, the paper further discusses the litigation mode of some special administrative litigations just like administrative public litigation, execution litigation and norm review litigation.