Research On Lawsuit Of Electronic Administrative Act

With the Extensive use of computer technology and the constantly development and putting into use of the high-tech information equipment , all that has declared the Information age has arrived. As the forerunner of information technology, computer network for the pilot information technology not only permeated people's lives, also penetrated the workings and state of public administration mode. Administrative organs are no longer satisfied with internal administrative automation management, and information technology has influenced foreign administrative areas. The administrative relative person also more and more use electronic means to participate in the administrative management. Thus, by high-tech information equipment, assist the administrative subject in a specific administrative act generated controversy thus entered the field of administrative litigation. Although, peeling off the information technology shell, the nature of the specific administrative act has no change, but the involvement of information technology still influence or even change the traditional pattern of administrative behavior, together with the existing legislation blank, For judicial speaking,there is a big impact on judge theory and judge ethics, we have to face to and solve the problem which caused. This article through reference and innovation by information technology that will participate in a specific administrative act of making process new form of administrative behavior defined as electronic administrative action. And making a initial discussion and analysis on the lawsuit of this form of administrative behavior, the problem and the solution.The first chapter, involving lawsuit electronic administrative behavior outlined. Analysis theory studies at home and abroad and the legislative practice, summarizes the administrative behaviors relevant to the formulation of e-government and and defining electronic administrative action.The second chapter is the difficulty of censorship of accreditation. First proposed in the review process to establish who filed the defendants, and put forward the solution to this problem a tentative plan. Secondly puts forward how to determine the prosecution deadline, and discusses the methods to solve this kind of problem. Finally puts forward how to determine jurisdiction.The third chapter says that the judge in the case of administrative behavior trial electronic encountered problems. First, how to review the electronic administrative act is legal. Secondly, how to determine whether it is a valid as evidence of electronic documents.At last, we analyze the e-government involving lawsuit legal application of administrative behavior, put forward the current electronic current judicial administrative behavior could not be in accordance with existing difficulties.The fourth chapter is following the last chapter of e-government in administrative behavior problems after hearing some proposed about its solution discussed. Through real case and the domestic and foreign theory into the method of combining the previous question put forward the corresponding solutions.