On The Objectification Of Administrative Action And Its Inspiration To China

Lack of objective litigation is a major defect for China's administrative action. Current Administrative Procedure Law of PRC stipulates only subjective litigation, which safeguards the subjective rights of the party concerned, that is the lawful rights and interests of citizens, legal persons and other organizations. China has made ruling country by law the general plan for state governance. Accordingly, administration in accordance with law has become the most important part of ruling country by law. With expanding of the executive power, it has been turned into an omnipresent and omnipotent power. In order to prevent the interests of individuals and the society from being infringed on by the executive power, the activities of administrative organs should be brought into the scope of social and judicial supervision. To realize effective check on and supervise over the executive power by judicial power, the current administrative action system of China should undergo thorough reform by way of law-making and judicial interpretations to transform subjective litigation into objective litigation. Meanwhile, in respect to the objectification of administrative action, we should draw lessons from foreign successful experiences and construct specific objective litigation mode which gives full play to participation of indirect interested party into action. To sum up, It is the basic direction for reforming and perfecting China administrative procedure law to establish objective litigation which aims to safeguard state and public benefits.