Research On The Administrative Procedure Category

Having close relationship to the conditions for prosecution, the court trial rules, the judge permissions, as well as the verdict form, etc, the classification of administrative litigation benefit the effective protection of citizens'rights of action and promote vigorously the administrative legal process, and has become, from the early twentieth century, the trend of development of the administrative litigation system in almost all countries.The existing laws of China, as we have known, have no express provisions on the classification of administrative litigation. It is the theorists who generalize its several classes, however, it seems too monotonous and cannot satisfy the needs of judicial practice.This papers, based on the study and reference of the system of classification of administrative litigation of some other countries and combining with the actual conditions of our country, tries to reconstruct the classification of the administrative litigation of our country.This papers is divided into four chapters: the first chapter is the overview which defines the meaning of the classification of administrative litigation and analyzes further its function; then, analyses and elaborates the standards of the classification.The second chapter introduces and analyses the classes of administrative litigation made by the two families of law, on explaining those in Britain and in the United States which are Anglo-American law system, and those in Germany and in Japan which are the continental law system.The third chapter focuses on the existing classes of administrative litigation of China, and introduces especially its appeared problems, further the causes of un-classification of administrative litigation in our country.The fourth chapter, are the concrete ideas of reconstructing our classification of administrative litigation. In this chapter, by putting forward the litigants' claims as the basic standard according to the value target of administrative litigation system and concrete judicial practice of our country, and, at the same time, referring also to the subject matter of litigation and the other related factors of litigation, the author tries to divide the classes of administrative litigation into: change litigation, revocation litigation, obligations under section, the payment obligation, the confirm litigation, the litigation of litigant, the abstract administrative action review proceedings, public interest litigation, authorities litigation, prevent litigation. Furthermore, the author analyses in detail, respectively, the reconstruction of above-mentioned classes of our administrative litigation.However, because people cannot end and list all the administrative lawsuit types in constructing the administrative lawsuit types even they've born the efforts and considered comprehensive problems. At the same time, with the historical evolution and the development of the society, it appears all kinds of new administrative dispute and cases. As a result, the administrative lawsuit types cannot contain all types of the administrative dispute. Then it will appear the administrative dispute outside of nowadays'administrative litigation types. Because there aren't administrative lawsuit types match with them, the administrative relative persons cannot appeal to administrative litigation to safeguard their legitimate rights and interests. The author thinks that we can use the following methods of administrative lawsuit types to remedy it.Firstly, the law should accept the trial procedure when we cannot find clear administrative litigation type it belongs to. The trial procedure may accord to the processing of most similar administrative lawsuit type.Secondly, set up a type of administrative litigation in order to contain new types of administrative disputes which cannot be contained by the exiting types of administrative litigation.