Research On Administrative Proceedings Classification

In the methodology, "classification", which attempts to analyze, grasp and construct the object of study in order to understand its legal meaning, has popularized as a research method since the first half of last century in the system of civil law. After demarcated the classification of administrative proceeding and the types of administrative proceeding, the author in this thesis tried to use the elements of classification to outline all the administrative proceeding for the development of the system of administrative procedural types and to construct reasonable types of administrative proceedings to meet the trends of amendment of administrative procedural law in China.There should be fundamental theory for the construction of every system. The author in this article expatiated the meaning of administrative procedural classification and administrative procedural types, the value of the classification of administrative proceeding and theoretical foundation and constitutional foundation. Then on the base of comparing and absorbing western mature administrative procedural types of civil law and common law, the author analyzed and proved the feasibility and necessity of the classification of administrative proceeding with the current situation of China. It is necessary for China to absorb some excellent elements of the administrative procedural type of civil law to construct its own administrative procedural types because of many historical conditions such as traditional idea, cultural background and national fate and so on.The classification of administrative proceeding is a dynamic process of classification of object, standard and result. The standard of classification is a very important problem that is impossible to avoid in the process of constructing administrative procedural types. Because of the complexity of administrative proceeding itself and the diversity of standard of administrative procedural classification, the author thought that China should adopt the standard of Japanese model to classify its own administrative procedural types in order to avoid the cross of all kinds of procedural types after classification. When we set up Chinese administrative proceedings types, we may carry on twice categories according to the lawsuit character and lawsuit claim, thus forms one kind of lamination and the systematic system of administrative proceedings types.The administrative proceedings types involves to all kinds of questions in the...