A Study On Administrative Litigation System In Modern China

The administrative litigation is a kind of system embodying modern legal civilization. The administrative litigation system in modern China originated from the preparation of administrative judgement court at the end of Qing dynasty. Qing dynasty not only drew up the draft law for this institution, but also made arrangements for its establishment in the course of preparing for constitutionalism. People proceeded with the work of establishing the modern administrative litigation system and many constitutional documents contained some provisions concerning administrative litigation at the ROC's incipience. In the period of Beijing government, administrative litigation law and others were promulgated formally, and Ping-Cheng-Yuan, the first special trial institution for administrative cases in China, was established. At that time the judicial system practised dual mechanism that separated administrative justice from common justice, and therefore it had a lot of special features on concrete systems and principles. Nanjing national government inherited the basic system of administrative litigation of early ROC and made some improvements. Its legislation was more mature, the administrative court as a new kind of institution of administrative litigation had more judicial characters than Ping-Cheng-Yuan, and its concrete systems and principles were also more reasonable than before. The number of administrative cases increased obviously at that time. The generation and evolution of the administrative litigation system in modern China embodied the progress of the legal system, but it was a defect that the single-level court system was not in favour of the sufficient exertion of the judicial remedy function.