Research On The Administrative Procedure Category

The administrative procedure category mean to the administration litigation of tell the certain standard of basis to carry on the classification settles down indeed behind of tell of category, it is a count for much contents in the administration litigation, it relates directly to the administration litigation plaintiff tells the power protection of wide degree and depth, therefore, take into the research on this important system of the administration litigation type, not only have the value of theory, but also even have the meaning of practice, this text is exactly according to this aim, carrying out superficial research into the administrative procedure category. This text is divided into four parts: The first part: This part mainly aimed at the concept, function and the demarcation standards of the administrative procedure category to say all. First, explained the concept of the administrative procedure category, namely the administrative procedure category is called the category of the administration litigation again, namely citizen, cooperate person and other organizations can clam succor with administration litigation, the court can judge within the scope of legal judge method. The administrative procedure category has close relation to understanding administration litigation with the indictment condition of the party concerned, the rule and legal powers in the take up of court and the verdict form .To understand the administrative procedure category will to be advantageous to the party concerned indictment directly, to be advantageous to the court to take up the administration case, and easy to accurate make a verdict. The next in order, with analyzing the concept of the administrative procedure category, we can hint that the function of the administrative procedure category. The first, the administrative procedure category has the function that be advantageous to the development of administration litigation; The second, the administrative procedure category has the function that will be advantageous to perfect the administrative procedure structure and the function of the procedures; The third, the administrative procedure category has the people's rights benefit of behavior to provide the integrity, quick but effectively protective function; The fourth, the administrative procedure category has the function of push the national administration rule of law development. End, because of the dissimilarity nation each from of culture, the history background and present a various appearance towards telling the power of comprehension dissimilarity, the demarcation of the administrative procedure category, and there are many factors will affect the amount of the administrative procedure category and the standards demarcation. Therefore, at this part, introduced three kinds of the standards of demarcation, then include with whether directly involving the plaintiff benefits, this can divide the line for the subjective litigation and the objective litigations; With the contents of the request for judgment this can divide the line for revocation of action, action of performance and action for confirmmation; divide the line the type of the administration litigation with the size of judge's judicature. The second part: Carried on the research into the foreign category of the administration litigation. In this part, introduced the development of the administrative procedure category all countries, among them include England,the United States, France, Germany, Japanese .The above nations are difference in the cultural history, economy, the position and function of the court, so the administrative procedure category of presents a various appearance; Afterward, carried on to the administrative procedure category all countries comparatively researched, it common point mainly is:1, the administrative procedure category extends gradually, the rules of administration litigation from the traditional maintenance the rule of nation, developing succor the right of the citizen, supporting the administration rule of law, guaranteeing the separate power of the region, corresponding with this, quick increasing the administrative procedure category;2,the administrative procedure category is same, it can immediately is divided into the three major type, Category 1 tells for the litigation of personal succor, Category 2 tells for the litigation of the public laws order, Category 3 tells for the litigation of the power guarantee .Its differentia mainly is:1, the demarcation standard of the administrative procedure category is different, the common law method that regards England, the United States as the representative mainlines fasten to the administrative procedure category from the procedure, but with France, Germany for representative of civil law methods mainly fasten to divide the line the administrative procedure category from the entity;2, the administrative procedure category has no the law the dissimilarity of the provision, the nation, such as Germany, Japanese etc., that have, the law makes the clear statement to the administrative procedure category provision, and at another some nation in the same way country, American etc., although also exist the different the administrative procedure category, law to the administrative procedure category have no clear provision; 3, the breadth ofthe administrative procedure category is narrow and different. The third part: Emphasized to carry on the analysis to the present condition of the administrative procedure category in inland of China. First, introduced the present condition of the administrative procedure category in our cont , with analyzing our country current The Administration Litigation Law we come to the conclusion that our administration litigation lacks category. And the our current law and judicatories explain with the court sentence power is standard, is divided into administration litigation six kinds of categories, including revocation of action, change of action, implement of action ,action of confirmation, action of administration indemnification and execution of action . The next in order, carried on the analysis to the reason that our country have no the administrative procedure category, mainly is: 1, we narrowly comprehend the administration litigation. In our country, because of lacking the research into the administration litigation power, we only consider the administration litigation power to be the opposite person to sue, as a result limited the category of the administrative procedure. Our country is widespread to think that the administration tells the power to possess for the opposite person only, then think that the administration tells unique function of the power is a legal rights that guarantees the opposite person, therefore this kind of comprehension too narrow; 2, our country lack judicial tradition for correspond. The domination of our ancient philosophy nature and man unite as one principle, the monarch rule to be think ordained in nature, do not need to ask for help the support of the judicial power, as a result the judicial process is insignificant. The judicatory is depending on administration, lacking the independent position. The weak judicial power limited thedevelopment of the type of administration litigation with perfect; 3, particular background for our country administration litigation system to build up. Our country contain the years of 2,000 feudalism centralization histories, the native resources of rule of law is lack, adding to carry out the planned economy system of the height concentration since the establishment of a new China, don't value the rule of law construction, as a result the administration power scope is biggest, violating the affairs of the citizen rights to also often have the occurrence in the administration power action. As a result, the initial purpose of the establishment of administration litigation system is legal rights that guarantee the citizen, but other functions of the administration litigation do not cause the people's attention greatly and easily. Under the kind of background, the administration litigation can hardly exceed the category of reliving personal right. End, pointed out our country existing limitations of the administrative procedure category: 1, the disadvantage solves in the reasonable that administration dispute; 2, disadvantage in legal rights and social public benefits that protects the citizen all-directionally; 3, the disadvantage exercises the administration judicature effectively in the court. The fourth part: Mainly discussed reconstruction of the administrative procedure category in our country. First, the writer thinks that the former category of the administrative procedure divide the line not to the utmost science, and lack the necessary type of administration litigation, the standard that the key sticking point of its problem lies in divide the line is not scientific, therefore, should make sure the factor that the demarcation of the administrative procedure category should consider, including: the litigious power of the party concerned, the nature of administrative conflict, the...