Research On The Legal Effectiveness Of Chinese Administrative Litigation

This article embarks from the practical logic, the paper try to through the empirical analysis and logic reasoning, examination of the administrative litigation law, analyzing the various factors influencing the effect of the administrative litigation law, and further to seek to the viable path improve the effect of the administrative litigation law.Full text introduction and the body, a total of seven parts, including text has six chapters.The first chapter is about the general theory of the administrative litigation law utility, mainly from the concept of legal effect and legal effect, legal implementation of the two related concepts, discuss the concept of the effect of the administrative litigation law, investigation method, the influence factors. Effect of China's administrative litigation law is the administrative litigation in China, the actual running state of investigation and research. Secondly, according to the administrative litigation law pragmatic focus, from the Angle of psychology, sociology, economics three investigation and analysis on the effect of the administrative litigation law, and the three Angle can't quite discrete, but through each other, common explain the administrative litigation law. Finally, with reference to the main factors influencing the legal effect, the author thinks that the main factors affecting China's administrative litigation law effect has the following four aspects: one is the institutional factors. Is mainly to investigate and analyze the institutional factors and the relationship between administrative proceedings legislation goal. Second, the structure of power factor. Mainly from the dimensions of national power relation of administrative litigation of our country independent status, review the depth, breadth and depth of judicial authority. Three is behavior main body factor. Is mainly to investigate and analyze the parties' understanding of administrative litigation, the motivation and purpose of use and vision to the development of the law. Four is the implementation of environmental factors. Main investigation and analysis of the implementation of the administrative litigation of environment and the relationship between administrative litigation settlement way.The second chapter is for China's administrative proceedings legislation goal of practical investigation and the analysis of the institutional factors. Through the interpretation of legislative purpose of administrative litigation, and on the investigation to the judicial practice, the author thinks that, China's administrative litigation law itself clarity, rationality and operability degree affect the judicial practice of administrative litigation. Stipulated in the legislative purpose of administrative litigation of the protection of legitimate rights and interests in practice has been completely by the purpose of "completely solve the administrative dispute, and attain the goal of" completely solve administrative disputes in practice is not obsessed with completely solve dispute case and based on the legal effect and social effect of the whole society the pursuit of unity, is the reality of a variety of interests balance. In the administrative trial judge in the process of the specific goal of complex and multivariate, also in the judicial authority and credibility of Chinese administrative trial for various kinds of effect of stacking the pursuit of increasingly irrelevant.The third chapter is the administrative proceedings the independence of the analysis of the actual effect and power factors. China's administrative litigation is constrained by power structure in the litigation, the power factor is the key factor that affect the judicial practice in administrative litigation. Chinese courts is a neutral judicial institutions, is a bureaucracy, party committee, there are links between local governments, the court, the court itself is controlled in the system, and benefit from the system. Embedded in the whole structure of state power in administrative litigation, administrative trial judge result is closely related with the local government performance, the trial result in the pursuit of justice, while also in line with the party's major policy and adapt to the local government's overall plan to satisfy the court the maximization of its own interestsThe fourth chapter is about the administrative litigation parties to appeal to the practical investigation and the analysis of the main factors. Mainly discusses the factors affecting the body of the administrative litigation law effect, try from the judges, lawyers, the administrative relative person, the administrative organ in the Angle of the investigation and analysis of the administrative litigation participants understanding of administrative litigation, suitable, opinions and Suggestions. Through field investigation and the interview and so on from the Angle of administrative lawsuit participates in a person, to analyze the operation of the administrative litigation on administrative lawsuit main body of the true feelings. And from the administrative proceedings the parties to the dispute solution selection, the cognition of the administrative litigation, legal consciousness and the weak administrative litigation strategy four aspects analyzes the participation of all parties concerned in the operation of administrative litigation logic.The fifth chapter is about the administrative litigation settlement way of investigation and implementation of environmental factors analysis of the results. China's judicial implementation of the environmental impact of the administrative litigation, cannot give full play to the judicial independence, solution of administrative dispute is essentially flexible solution for mediation in administrative litigation. Of administrative litigation of China is deeply embedded in the power structure of the maelstrom, want to rely on "black and white" administrative judge completely solve administrative disputes is the administrative judicial "bear". Court in administrative litigation plays the role of the judge is not completely neutral, also is in the interests of all aspects of the coordinator, the court carefully through a series of "alternative" approach, with advice, reconciliation, seek help from party a variety of ways to resolve problems of administrative trial, in order to maintain the authority of the court and the judicial justice.The sixth chapter is the effective path analysis to improve the administrative litigation law. After reviewing the former in the face of the administrative litigation law effectiveness and on the analysis of the theory generally enhance legal effectiveness of law means, the author thinks that the main can from the following five aspects: improve and enhance the administrative litigation law. First, to establish the authority of administrative trial. Through participation in the administrative judgment standard of administrative lawsuit basic position of investigation and survey of "reconciliation dropped" satisfaction, put forward "administrative verdict" incomparable role other than the judicial way. Must by reducing the randomness and enhance administrative cases of administrative litigation judgment to establish the authority of administrative trial to the scale of the settlement; Second, the standard dropped "reconciliation" in the judicial practice. According to the investigation and the administrative litigation's choice of "dropped" reconciliation, opinion and the suggestion, sort out standard dropped "reconciliation" train of thought, to improve the operability of the administrative procedure law, Third, to promote the social identity of administrative referee. The process of administrative litigation is a highly professional and technical process, the process and result of the administrative litigation is vulnerable to distortion and misleading. By strengthening communication and public opinion in the administrative litigation law interpretation in the litigation reasoning can effectively enhance the social identity of administrative judges, Fourth, respect for the administrative litigation stage of development. The evolution of China's administrative litigation system is a gradual process, the repair method to respect the stages in the development of administrative litigation, adopted a gradual reform way. According to the different requirements of the subject and the system of supply and demand unbalance and asymmetry of high-cost nature can predicts the future development of administrative litigation system. Fifth, with the development of social governance model. Administrative, judicial and public benign interaction is the evolution of the administrative litigation power, as the "flexibility" in administrative trial, collaborative initiation in administrative litigation in judicial practice, with the development of the social governance model, to reinterpret the value of the administrative litigation, puts forward a new proposition to the research of the administrative litigation.