The Tentative Research On The Basic Theory And System Construction Of The Defensive Administrative Litigation

In recent years, with the developing of urbanization in our country, the number of urban housing demolition increases rapidly, and the relating conflicts are getting visible day by day. And the administrative cases about destruction and moving of houses have increased year by year; the administrative dispute in destruction and moving of houses is the focus of these conflicts. Since the traditional administrative procedure is obviously a mechanism of negative forms against the illegal administrative acts, it can only play the role of adjusting but unable to achieve positive effects. "The injured" is always the private party. Therefore, in order to safeguard the legal interests of civilian, this dissertation invokes the theory of"the defensive right in administration"and"invalid administrative act"as theoretical support. Thus this dissertation intends to raise a new mode of administrative proceedings, defensive administrative litigation, to develop and improve the modes of administrative proceeding in our country, and also to construct a new mode to safeguard the legal interests of civilian in administration.