On Scope Of Accepting Cases Of Administrative Procedure In Our Country

Scope of accepting cases of administrative procedure not only is the beginning of administrative procedure, but also the core of administrative litigation system. It marks the scope of counterpart's litigious right and stipulates the scope of right of administrative final award. Our country promulgated Administrative Procedure Law in 1989, which is the first time that our country made definite provisions in law on scope of accepting cases of administrative procedure. Due to the restriction of social actual situation at that time, the scope stipulated is narrow, which seriously confines administrative counterpart's litigious right, cannot effectively supervise administration and is not beneficial to safeguard of counterpart's lawful interests. Although the Supreme People's Court promulgated Interpretations on Questions Concerning the Implementation of Administrative Procedure Law of the People's Republic of China and tried to enlarge scope of accepting cases of administrative procedure, judicial interpretations still cannot break the legal structure. With fourteen years since Administrative Procedure Law began to enforce, great changes have taken place in political, economic and social life in our country,"Administer the country according to law, build up a state of socialist legal system" has established as a constitutional principle, the signature of two human rights conventions and entering into World Trade Organization, which all requires enlarge and perfect scope of accepting cases of administrative procedure. Due to this, the author studies on scope of accepting cases of administrative procedure from five aspects: illustrates the general theories of scope of accepting cases of administrative procedure; analyzes the historical evolution of scope of accepting cases of administrative procedure in our country; compares the provisions ofscopes of accepting cases in our country, in the continental law system countries and Anglo-American law system countries; expounds the difference between scope of accepting cases of our country and the requirements for WTO judicial review; puts forward the conception to perfect scope of accepting cases of administrative procedure. Emphatically analyzes the drawbacks in scope of accepting cases of administrative procedure in effect, such as the question concerning actionable administrative factual act, the questions of disadvantages of administrative public-beneficial proceedings, and the question concerning irrational principle of accepting cases, forms of accepting cases, standard of accepting cases of administrative litigation, expecting to enlarge and perfect scope of accepting cases of administrative procedure, fully safeguard counterpart's lawful interests and realize judicial power's forceful supervision and control on executive power.