The Protection Of Human Rights Is The Purpose Of Administrative Litigation In China

"The essence of law is to protect human rights", administrative litigation will solve problems which are the disputes between the administrative relative person and administrative body. In view of the unequal status of this situation exists between the administrative subject and the administrative relative person, to safeguard the legitimate rights and interests of the administrative relative person are particularly important. And the relationship between safeguard human rights and administrative litigation in the final analysis is to discuss the ultimate purpose of administrative litigation.Chinese scholars for administrative litigation purposes have many viewpoints positioning, but there is no agreements. In our country after the administrative procedure law enacted, the theory and practice of administrative litigation purposes for the positioning is based on the administrative procedure law article 1, and the aim is to guarantee that the people's court prompt examination administrative cases; correctly to protecting citizens, legal persons and other organizations' legal rights; to monitor and maintain administrative organs exercise of power according to law. This goal's orientation is trying to balance administrative power, judicial power and administrative relative person, but it can not solve administrative proceedings of the administrative subject in the ascendancy and the afraid of administrative relative person completely. So from the legitimate rights and interests of the administrative relative protection perspective, the current administrative litigation system in the protection of human rights is still weak.This paper deems that administrative litigation is to protect the lawful rights and interests of the administrative count part, namely protect human rights. And supervision of administrative organs and administrative litigation settle disputes only as the function and means, not destination. Therefore, the paper tries to argument about the location of administrative litigation purposes from administrative litigation purpose theory and practice. From the theory perspective, administrative litigation system is set up for the damage which Public rights do on private rights from the date of their formation. In view of administrative power is a kind of public power, it is in the process of operation of relative person's rights and interests is caused extremely easily violation, then to the administrative relative person to provide the most effective remedy way is to litigation. Also, for the human rights to protect also accord with the requirement of the development of constitutionalism today. Thus, the administrative litigation law system as an important subject is one of the important guarantees of human rights law. Judging from the practice, there are many social lives which are closely related with the administrative relative person rights and the specific administrative act. In this paper, only for the typical through the analysis of the dismantlement case of Tang Fuzhen to discuss the administrative litigation purposes. When the administrative relative person's rights of administrative subject suffered violation, administrative lawsuit power the last barrier to safeguard private right. To sum up, guarantee of human rights is the ultimate purpose of administrative litigation.After realizing the purpose for the positioning of administrative litigation, we should study how to achieve the ultimate purpose of protecting human rights. This article discusses from the scope of accepting cases of administrative litigation, plaintiff qualification and administrative litigation type. In the scope of accepting cases, narrow range has become indisputable fact. This paper argues that to safeguard human rights shall be as the standards, specific administrative act and the abstract administrative action are included in the scope, only eliminate some judicial power which should not review by the administrative behavior, and widen the scope of accepting cases. In the administrative lawsuit, plaintiff qualification should be adverse influence are being established as plaintiff qualification range of standard, in order to make the broader the administrative relative person's litigation be guaranteed. In the administrative lawsuit type, by establishing the classification standard type for administrative litigation, for the right guarantee on types are classified.