On The Scope Of Administrative Litigation

The scope of Administrative Litigation is one of the most important problems in the Administrative Litigation institution. Since the Administrative Litigation Law has put into practice, this problem becomes the hot topic of the scholars' study and discussion. Whether the scope of Administrative Litigation Law should be extend and how to extend, there are different opinions which diverge very largely in the world of theory. From the angle of the judicatory practice, This text makes an earnest research for the history development and status quo of the scope of Administrative Litigation and points out the current problems of the scope of judicatory examination synthesizes the provisions of the other nations and regions about the scope of administrative Litigation; puts forward the conceives of extending the scope of judicatory examination; adopts the combination way of total generalization and the exclusion of specialization; and makes certain the scope of judicatory examination . There are emphases discussion about the possibility and the necessity for bringing abstract administrative act and quasi-administrative act into judicatory investigating scope. The author knows that the scope of Administrative Litigation is a very complicate problem, which relates to the politics, economy and society lives. Relying on the superficial understanding to this problem, the conclusion I draw is inevitably imperfect. In general, the main content of this article is as follows:Ascertaining the scope of Administrative Litigation is an international model, which is an important aspect that differentiateswith other litigation. There is a great signification in specific scope of Administrative Litigation for the Court, the administration organization and private party in the administrative process. It can make a clear distinction between the jurisdiction and the administrative power, and protect the legal rights of citizens, legal persons and the other organizations and benefit to make a clear distinction of the work in the courts' inside.The scope of Administrative Litigation of our country experienced several development stages. The beginning gist of administration litigation is in the Civil Litigation, there is an independent system only until the Administration Litigation Law was put into practice in 1990. But, owing to the legislation technique and historical terms, scope of Administrative Litigation affects the rapid development of administrative trial at all times. In 1991, the Supreme Court made a further order to the questions of scope of Administrative Litigation. It is Very sorry that several advising makes a limited interpretation to scope of Administrative Litigation in the Administrative Litigation Law. It excluded the actual act and the bidirectional act out of the scope of Administrative Litigation. With the development of Administrative Litigation institution, a lot of content of several advising has not adapted the need of practice, and some of it has not been needed. In 2000, the Supreme Court published several interpretations which gave an order about Administrative Litigation subject, the extension of impeachable acts, the extension and the intension of unimpeachable acts. It expanded the scope of Administrative Litigation correspondingly. Although several interpretation has expanded the scope of Administrative Litigation, owing to theinconsistency of logic in the system of the scope of Administrative Litigation, all the problems which occurred in the practice have not been resolved.According to the current development of the administrative trial in our country, a lot of cases that should be accepted were excluded by the court. Because the Administrative trial organs have the capability of accept many cases, it is feasible to expand the scope. The scope of administrative litigation reform must be exercised according to certain rules. Respect to the scope of administrative litigation in other countries and TAIWAN, they adopt the combination way of total generalization and the exclusion of specialization, i...