Research On The Pretrial Procedure Of The Administrative Litigation In Russia

This paper researches the pretrial procedures of administrative litigations in Russia,by using the methods based on approaches and paradigms of Russian scholars' researches on the selected subject,that is,integrating the litigation participants,the scope of litigation,the jurisdiction,the prosecution procedures,and the pretrial procedures,etc.into the institutional content of pretrial proceedings.This paper is devoted to research and solve the problem of Russia's administrative proceedings pretrial system content and its value to our country.Introduction sets forth the problem herein;Chapter 1 and Chapter 2 clarify the concept,the legislative intent and litigation principles and the history of the administrative litigation in Russia;Chapter 3,Chapter 4,Chapter 5 and Chapter 6 further study what the pretrial procedure of the administrative litigation in Russia is;the conclusion renders the response to the problem under the study,and refines the inherent logic in such regime as a whole,which is beneficial to improve the value of the administrative litigation in China.This paper consists of six chapters.The primary points are as follows:Introduction describes the reasons for topic selection,and problem to be studied and addressed,the connotation of the pretrial procedure,the design of each chapter and the value herein.Meantime,this paper also outlines the research status of Russia's pretrial procedure of the administrative litigation both in China and Russia,to define the research scope and the research approaches in this paper.Chapter 1,Overview of Russian Administrative Litigation.Firstly,the three tangled concepts in Russian laws,including administrative procedure,administrative judiciary,administrative litigation,are clarified.Secondly,it is to explore the legislative intent of Russian administrative litigation to draw a conclusion that the aforementioned litigation is with the purpose of right remedy and power supervision.Lastly,the litigation principles on Russian administrative litigation are analyzed.Chapter 2,History of Russian Administrative Litigation.This paper declares the history of Russian administrative litigation,which is divided into three stages: history of the October Revolution,history of Soviet era,history of contemporary Russia after the collapse of the Soviet Union.By studying its history,it was difficult to build the regime so that it is obvious that Russia has spared its efforts to protect human right and remedy rights.Chapter 3,Litigious Participants.In this chapter,litigious participants are divided into general participants and special participants for research.From the perspective of perfecting administrative litigation in China,this chapter mainly deals with plaintiff qualifications,the administrative defendant in Russian administrative litigations,and further discusses its administrative public interest litigation and litigation for the interest of a third party.In this chapter,it is concluded that the litigious participant was established in the pretrial procedure of the administrative litigation in Russia for the core purpose of right remedy.Chapter 4,Scope of Litigation and Jurisdiction.In this chapter,it is noted from the legal context of Russia administrative litigation that Russia has adopted the substantial generalization and enumeration on the scope of litigation,embodying the concept and design of right remedy and supervision power.The scope of litigation includes two types: cases of post remedy to rights and cases of antecedent supervision on power.The scope of litigation far larger than that in China to an extent that any violation to rights can be brought to court,which is worth of China's following up.Jurisdiction includes court jurisdiction and trial jurisdiction.The conflict of court jurisdiction has been considered as a difficulty,which the academic field and practice field in Russia has been devoted to resolving.Chapter 5,Administrative Prosecution.The administrative prosecution in Russia stems from civil laws,which is closely related to the right of claim.This chapter analyzes the unique connotation of administrative prosecution in the context of Russian law,and further discusses the counter-claim and class action,created by Russia to fulfill the right remedy.Besides,this chapter selects data from two Russian court as samples to set out the operation of Russian administrative prosecution.It is concluded that under the proper arrangement of such regimes as litigious participant and scope of litigation,administrative prosecution in Russia are conducted successfully,realizing the original target of its design.Chapter 6,Pretrial Procedure.This chapter mainly explores the final stage—pretrial stage in the pretrial procedure of Russia administrative litigation,and the initiative of pretrial court,electronic judiciary,burden of proof and court in pretrial procedure.Based on that,it is noted that China can use such regimes as electronic judiciary,burden of proof,and the court's initiative as reference for its administrative litigation.Conclusion resolves the problem put forward in this paper: the regime of the pretrial procedure of the administrative litigation in Russia,and deduces that the aforesaid regime was built with the right remedy as a core,and select several valuable features as references for China.