On The Establishment Of Administrative Court System In Our Country

The system of the administrative court as the important component part of the administration judgment constitution, originated from France, and got the extensive expansion step by step another in Germany, Italy, Belgium, Switzerland and other civil law countries. The systems embodies the idea "separation of three powers", advances independence of judicature, realizes function of power control, function of personal right, function of specialized judgment, develops the judicial precedent system, and makes a contribution to the administration rule of law of the related nations. Owing to a series of deep-going problems in the existing system of the administration judgment in our country, we must draw good lessons from the foreign related result, turning the reform deeply, and building up the administrative court system of Chinese special features. This will be great advantage to extricating itself from the predicament of the administration judgment in our country, carrying out the target of the rule of law, satisfying the request of entering WTO, adjusting the specialized trend of the administration judgment. At the same time, the development and change of the economic pattern, the political setup, the continuous and legal culture in our country, provide feasibility of economy, politics, constitution and culture for establishing of administrative court in our country. The concrete construction about the system of administrative court, we must follow the judicatory independence, the judicatory unification and judgment specialization; build up German-type independent mode of the administrative court. Design well the concrete system of organization system, jurisdiction of trial instance and others. At the same time ,we should build up the administration litigation system of public benefit, the administration litigation system of perform, administration judicial precedent system and others, handle the relations between administrative the court and the ruling party, between the administrative court and the common court of the people。...