Research Of Chinese Administrative Pretrial Procedure

The administrative litigation system is of importance topic in the research of administrative procedural law. The administrative pretrial procedure can promote the right to appeal administrative litigation procedures for the protection of the plaintiff, propel the realization of substantive justice, and improve litigation efficiency. The legal system in the worldwide which is on behalf of the common law system and the civil law system includes a systematic system of administrative pretrial procedure, especially after several years of development, pre-trial proceedings administrative proceedings administrative proceedings have become an important component part, has its own unique features and litigation status. Currently, the provisions of the pretrial procedure in Chinese administrative procedure law is not perfect, only part of the contents of the provisions made in pre-trial procedure, which is not conducive to protecting the legitimate rights and interests of citizens, in line with modern administrative proceedings not democratic, scientific trend. Since 1990s, the legal departments and law experts'substantive administrative pretrial procedure around a series of hot issues in the reform and research, but also for administrative pretrial procedure laid a foundation for improving the legislation. Can be seen, the reform of existing administrative litigation system, construct a set of conditions for the administration of pretrial procedure is not only essential but also realistic.The administrative pretrial procedure is a complex system of problems in the limited space there is a dissertation can not cover everything, full swing. Therefore, this paper uses the analysis, synthesis, comparison and other methods, seeks to elaborate the administrative procedure clearly a major part of the pre-trial proceedings. There is about 26,000 characters in this paper. in addition to the introduction and conclusion, the body of a total of four parts. Following major elements:The first part of the pretrial proceedings for the administration an overview of the theory, describes the meaning of pre-trial procedures, features, functions, significance and value of pre-trial procedures intended to conduct a comprehensive and systematic understanding and knowledge of, clearly designed to pre-trial proceedings .The second part of the extra-territorial administrative proceedings A Comparison of the pre-trial proceedings, the paper in English, United States, France, Germany and China as the representative of the common law and civil law countries in the administrative proceedings the basic situation of pre-trial proceedings, the purpose is to stop study of comparative law perspective, through to the characteristics of foreign sort of pre-trial proceedings, the Administrative Procedure Law to learn from foreign experience and results in useful to expand the idea of the reform of administrative trial.The third part examines the current administrative proceedings of legislative pre-trial proceedings and judicial basic situation analysis of the current administrative pretrial procedure of the existing defects and the reasons for these defects have to understand the present situation in China, as the Chief pretrial procedure pave the way for the improvement.Construction of the fourth part of the pre-trial procedures should follow the principles and specific institutional measures. Discusses the principle of pre-trial procedures should adhere to specific building for the pre-trial proceedings before trial basis, and puts forward the specific approach of the administrative pretrial procedure construction.