Discussion Of The Articles On The Actual Impact On The Rights And The Obligations In The Scope Of Administrative Litigation

The article 2 of the administrative litigation law generalizes the scope of administrative litigation, the article 11 of the administrative litigation law and the article 12 of the administrative litigation law generalize the scope of administrative litigation by respectively enumerating the positives and negatives acts. Opinions of the Supreme People's Court on Some Issues Concerning the Application of the Administrative Litigation Law of the People's Republic of China, which came into force as of March 2000, excludes the acts which did not have an actual impact on the rights and the obligations of citizens, legal persons and any other organizations are not belong to the scope of accepting cases of administrative litigation, which is mentioned in paragraph 2 of article (6) in article 1.Therefore, in my opinion, the scope of accepting cases of administrative litigation should include the behaviors which made the actual impact on the rights and obligations of the citizens, the legal persons or any other organizations. In other words, this cases which have an actual impact on the rights and the obligations of citizens, legal persons and any other organizations belong to the scope of accepting cases of administrative litigation.This article uses the methods of the normative analysis, allows for all kinds of cases through empirical analysis to propose theory of the actual impact on the rights and obligations to fully realize the concept of the theorization to improve the judicial organs'initiatives under the background of the democracy in China and to raise the judicial organs'positive attitudes to measure citizens, legal persons or any other organizations whether the rights and obligations by the actual impact. It is not simply to refuse the kinds of the administrative cases out of the administrative litigation.By compared with the theories of the reflected interest, special power relations and protection standards, we considered that our country has no necessary to introduce the above theories to limit qualification of the administrative lawsuit plaintiff to restrict the actual impact on the rights and obligations of the citizens, legal persons or other organizations of litigation, then narrow the scope of administrative litigation. However, in our country's judicial practice, more or less will embody the idea, but the idea as the guiding theory words adjudicate cases will not completely accord with Chinese administrative procedure legislative, intent, and will lead to the imbalance to the system of the administrative litigation.By using the standards of the citizens, legal persons or other organizations' rights and obligations as the judging to the physical impact on the scope of administrative litigation, not only can more effectively solve conflict of the citizens, legal persons or other organizations with the administrative organs, but also can improve the relationship with administrative jurisdiction. By accepting the cases influence the rights and the obligations of the citizens, legal persons or any other organizations to solve the conflict sufficiently and effectively. This way aims to restrict the powers effectively, to balance the powers and the privative rights and to guarantee the legal rights and interests that citizens, legal persons or any other organizations have.