The Feasibility Research On Constructing Administrative Litigation Category

Administrative litigation is the result of the certain social and historical conditions. Nowadays, most countries set up the administrative litigation category. Among various administrative litigations, the qualification of party and the contents of claims which the party put forward and the power of the judge, and the procedure of lawsuit and the result of the judgment are all different. In order to be convenient in legislative research and be practical in judicature, most countries classify the administrative litigation category consciously or unconsciously. Administrative litigation category is a very important subject in administrative litigation. It is also a direct developing trend of administrative litigation in the world. Therefore administrative litigation category occupies the important position in the system of administrative litigation.Issuing "Administrative Litigation" can be said to be the monument in the history of constructing the socialist legal system. It becomes the significant incident in opening the democracy and constitutional government of China. Mr. Kong Xiangrui who is a famous man in public law of research, points out the enforcement of "Administrative Litigation" which means " a very quiet revolution" come out in written law history of the past 2000 years and in the law modernization. Entering the new century, the deep changes have already taken place in the domestic and international situation that China faced. Under that kind of background, the weaknesses of "Administrative Litigation" come out, and the voice of revising become higher and stronger. Because the administrative litigation category is the central of the improvements of "Administrative Litigation" and our country's administrative litigation is short of the administrative litigation category, we should construct the administrative litigation category of our country as the opportunity and starting point of revising "Administrative Litigation". The main purpose of writing this article lies in drawing lessonsfrom overseas theory and practice about administrative litigation category and combining the realistic background of out country to construct the administrative litigation category which is suitable to the China's actual conditions.Because the administrative litigation category involves the relations among the administrative power, Judicature power and civil right, it becomes very important. Administrative litigation category is help to the protection of plaintiff in administrative procedure and to advance the national administration which is ruled of law and to improve the structure of administrative litigation.The first part of this text is mainly about the concept of administrative litigation category. It includes the definition and classification and function of the administrative litigation category. We should analyze the experience of the category of administrative litigation in other countries. In the second part of this text, I use the history analyze method and comparative study method to investigate the historical evolution of administrative litigation category in Britain and France to sum up the laws that the administrative litigation category is regarded as the human social development's laws. The core of this text is about the feasibility of constructing the administrative litigation category of our country. There are two major supporters in researching the feasibility, one is the theory, the other is the reality. So in the third part of this text is about the two theoretical foundations of constructing administrative litigation category, one is about right confronts power;the other is about power restrict power. In the fourth part of this text, I use the sociology method of the law to introduce the realistic backgrounds (economic, the politics, culture, society) on which our country constructs the administrative litigation category. At last, I put forward the suggestions of founding administrative litigation category in China.In writing, I realize gradually that the construction of the administrative litigation category will involve a lot of basic theories and practice question and will be restricted by Subjective and objective conditions of the author.There are some problems in the text, but author attempt to put forward some suggestions through the new angle of feasibility research. I hope this text is beneficial to the modification of our country's "Administrative Litigation".