Study On The Institution Of Administrative Tribunal In France

The French law, which belongs to continental law system, is the typical representative of continental law system. In the area of law, the French administrative law is relatively perfect compared with those of other countries in the world. France is called'the homeland of administrative law'because of its well-developed administrative law. The system and principle of French administrative law is absorbed by not only the continental law system countries, but also the common law system countries. The French administrative law becomes mature gradually with the formation and development of the administrative court. France initiated pioneering in applying administrative court being independent of judicial system controls administrative power. The aim is to protect the executive power from being intervened illegally by court of jurisdiction. It puts great emphasis on administrative independence, which has profound theoretical basis and historical background.French administrative court is a rarity in the fields of international judicial review, which deserves the world's attention. Around the world, the system of French administrative court is taken as a typical of the administrative lawsuits. The French administrative lawsuits have special administrative court; independent and precise organization system of administrative court; rigid executive system and the development of the administrative case system are the foundation of French unique administrative court system, creating the modern sense administrative law, realizing the function of power control, administrative enquiry, human rights protection and judge specialization.Nowadays, our country adopts the administrative trial system of establishing administrative court trial at common law. This plays a very important role in protecting the legal rights of citizen, legal person and other organizations, in maintaining and supervising the administrative subject to exercise their powers. However, in the process of socialist legal system country, our citizens awareness of the law becomes enhanced gradually. More and more problems appeared in administrative trial. The malpractice of the trial system is exposed gradually. For example, the judges lack of professional knowledge and administrative experience; the judge was constrained by the government; difficult to enforce; judicial localization and judicial administrative, and so on. All these greatly hindered the realization of the administrative litigation purposes. Therefore, the author tries to analyze theory basis and historical evolution of French administrative court. The main research will be the system of French administrative court. What's more, the author refers to the successful experience of other countries and evaluates French administrative court system. The beneficial experience can promote the reform and perfection of the administrative trial system. It is also significant for the further reform of the judicial system.