A Study On Requirements Of Litigation Of The Administrative Case

Administrative Procedure Law currently has not been clear about some regulations of requirements of litigation, the content of that and requirements to commence an action are obscured , that equate substantive requirements of judgement with terms that the lawsuit begins.That the higher threshold to the examination is prosecuted in practice is unfavorable to the realization of the administrative litigation purpose. This text and studies the requirements of litigation in administrative litigation, on the basis of differentiating and analysing relevant concept, distinguish and prosecute important document and of the lawsuit and reallocating the corresponding content. The administrative litigation not merely include the content of the law of legal procedure, but also concern theory of the administrative behavior and administration relieving.Its position in research of educational circles seem to be neglected for a long time, it is related that this text will probe into the substantive law and localized legislation again.This text divides four parts to describe mainly:First part, legislation situation of Administrative Procedure Law at present is set about from our country, it is analysed that our country legislates have the state that the requirements to commence an action and requirements of litigation do not divide , cause to examine the entity of that the party commence an action in practice, and set up too high prosecution threshold, narrow the range that relative people told right and exercised ; The theory circle wants the research of a content to attend to one thing and lose sight of another to the lawsuit, cause losing power of substantive law , neglect but serious procedure research situation ;Second part, it is analysed that the lawsuit wants the relevant legal principle of a content, do the comparison on the content of lawsuit important document and that of civil procedure, draw Administrative Procedure Law unique administration and relieve the theory, want with the lawsuit a research of it and link up and probe into ;Third part, investigate that the overseas countries and regions legislate and practise the characteristic of the aspect requirements in each administrative litigation,and compare characteristic of two fundamental laws and principles departments, find department's country of two fundamental laws and principles though there are differences in research visual angle and content, but merge the trend generally , have greater reference meanings to the relevant field of our country;The fourth part, the question existing to legislating in our country on the basis of the thing that three parts in the front are described is revised , and redistribute the content of the requirements of litigation , localization again to the relevant substantive law, consult department's country of two fundamental laws and principles to build the relevant system which construct our country to the similar problem practice method meanwhile.