On The Development And Improvement Of Administrative Lawsuit System In Our Country

The paper quotes as proof and analyzes the hindering problems in administrative lawsuit proceedings and proposes the concepts of improving administrative lawsuit system in our country.There are three parts: first, the brief account of administrative lawsuit; second, the analysis of the current situations, problems and causes of administrative lawsuit; third, the concepts of improving administrative lawsuit system in our country.I. Brief account of administrative lawsuit1.The concept and features of administrative lawsuitAdministrative lawsuit is the activity that concrete administrative performance id tried and adjudicated by people's court when the administrative counterpart considers the concrete administrative performance to violate its legal rights and sues to people's court according to procedures prescribed by law.1). Administrative cases are accepted and tried by the people's court.2). The legality of concrete administrative performances should be checked.3). Administrative reconsideration is not the pre-stage or necessary procedure. 4).The trying form of administrative cases is court trying in principle.5). Administrative cases can not be tried independently.2. The difference between administrative lawsuits and civil lawsuits and criminal lawsuits.1).Difference between administrative lawsuits and civil lawsuits.(1). Difference in the nature of the cases. (2). Difference in legally applicable scope. (3). Difference in lawsuit subject. (4). Difference in lawsuit rights. (5). Difference in lawsuit pre-conditions. (6). Difference in application of mediating principles.2). Difference between administrative lawsuit and criminal lawsuit(1). Difference in the nature of the cases. (2). Difference in suitable legal regulations. (3). Difference in suitors. (4). Difference in evidence collection responsibilities. (5). Difference in suitable mandatory measures. 3. The formation of administrative lawsuit system.1). The development of commercial economics is the economic foundation of administrative lawsuit system.2). The theory of 'separation of three powers' and 'people sovereignty' is the ideological foundation of administrative lawsuit system.3). Administrative lawsuit is the result of democratic system.4. The aim of administrative lawsuit1). Protect the legal rights and interests of administrative and managerial counterpart. Administrative counterpart brings administrative lawsuit and people's court investigates the prosecuted administrative performance to protect its legal rights and interests and supervise administrative organs to behave legally.2). Ensure the efficacy if legal administrative performance. If the administrative performance is legal, the court confirms and entrusts judicial efficacy to defend administrative legal order.II．Analysis of the current situations, problems and causes of administrative lawsuit1. Current situation of administrative lawsuit1). Legal and ordered. After the implementation of administrative lawsuit law, it plays an active role in guaranteeing people's court to try correctly administrative cases, safeguarding legal rights and interest of administrative counterpart, maintaining and supervising administrative organs to behave legally. From the statistical variations of the administrative cases in Changchun, we can see the improvement of administrative counterpart's law awareness and the level of administrative organs' enforcement. The development of administrative lawsuit in our country is in a virtuous circle.2). Unhealthy. (1). the outside circumstances for the implementation of administrative lawsuit are not pleasant. The citizens are not willing to tell or dare not tell; government officials' legal concepts are weak and the officials hold resentment to administrative lawsuit and are not willing to reply. (2). the number of administrative cases is small, less than 1% of the total number. (3).The process of judge's trying is not totally neutral, likely to lean for administrative organs. It is not centered on the sued con...