The Dilemma And Countermeasure Of Administrative Trial In China

This article, which bases on the judicial practice, introduces the dilemma which the current people's courts face in the administrative and adjudicative work. It deeply analyzes the reasons why the administrative and adjudicative work sinks into the dilemma, and then puts forward the concrete train of thoughts of how to help the administrative and adjudicative work get out of the dilemma from the aspects of legislation, the system, the cultural tradition and so on. This article can be divided into three chapters. The first chapter takes a certain city as an example, introduces the dilemma which the current people's courts face in the administrative and adjudicative work: firstly, the cases of administrative proceedings are fewer, which is faraway from the reality situation; secondly, the cases of non-litigation increase day by day, which forms the contrast with the administrative proceedings case; thirdly, it is difficult to adjudicate the administrative cases and it is also difficult to guarantee the case quality; fourthly, it is difficultly to carry out the administrative cases and is difficultly to guarantee the authority of the judgment. The second chapter comprehensively analyzes the reasons that have caused the current people's courts face the dilemma in the administrative trial: in system, the actual status of the people's court is very low and the personnel and finance are not independent; these notions are very serious in cultural conception, such as, the conception of official standard, the idea of the authority standard, the idea that the judicature is below the administration, and the conception that the lawsuit is disgrace. Meanwhile, the idea of leadership responsibility, the notion of carrying out the administration according to the laws, and the notion of respecting the human rights are becoming indifferent; in legislation, the fixed position of the administrative procedure law has defects, the administrative proceedings is obscure because of the narrow scope of accepting the cases. The regulations on the qualification of prosecution are short of consecution, while the regulations on the term of prosecution are not scientific; in the court itself, the court makes the justic have the feature of administration so as to improve the external environment and seek the economic benefits. The staff of administrative trial is non-specialized, they are short of related knowledge of the administrative trial, besides, they are afraid of the difficulties in the administrative trial and attach little importance to it. The cases of administrative proceedings which they have carried out didn't reach the purpose, the propagandization of the administrative litigation law is insufficient. The third chapter expounds the outlet of the administrative trail work. It proposes that we should take the measures from the following four aspects: firstly, carry on the system of reforming the trial, enhance the status of the people's court, guarantee the jurisdiction independence, make all kinds of relations clearly; secondly, change the idea and perfect some related systems; thirdly, correctly define the goal of the administrative procedure law, enlarge the extent of protection of the administrative proceedings, protect the prosecuting right, and promote the skill of legislation; fourthly, strengthen the self-construction of people's court, pay more attention on strengthen the administrative trial, improve the trial according to the laws and the ability of carry out the cases of administrative proceedings, increase the working forces, and improve the judicial level.