The Study Of Administrative Litigation Types' System

The administrative litigation types are the judge system about administrative law relation controversy judgment, has a close relationship direct with the parties' prosecution conditions, the court's trial rules and jurisdiction, as well as the judgment form etc. The specification of administrative litigation types is the tendency of various administrative systems since 20 century. And it can help to the effectively safeguard of the citizens' appeal rights and the advance of the administrative nomocracy process, which is the core of a State's administrative litigation change. Since different countries applies many and various administrative litigation system titles and different detailed contents, they all pay close attention to the administrative litigation practice guided by types of administrative litigation and to expand the types of administrative litigation gradually, which has been regarded as the common regulations within the individual country administrative litigation system revolution. The whole values of administrative litigation are expressed by the daily application of various detailed administrative litigation types. The administration litigation types in our country are comparatively singularity, it's hard to response to the need of the justice practice. We need to rethink and comb our countries' existed administrative litigation details based on the research and consideration of Western country and Taiwan administrative litigation systems, and combine the actual state of our country.This dissertation is divided into three parts. The first part is the general, mainly defines the meaning of administration litigation types and further analyses the research significance to administration litigation type. The paper also thinks and analyses the actuality and the existing problems of our countries' administrative litigation types, and simply introduces the preliminary study in the Theory Circle currently on how to set up our country administration litigation types. The second part mainly introduces the administrative litigation types system of England, the United States, France, Germany, Japan and China's Taiwan region in which the administration nomocracy is more flourishing, compares their common ground and difference, and analyses the success experience our country can consult and use for reference.The third part puts forward the concrete construction to establish our country administration litigation types. In this part, according to total value target of our country administration litigation system, combining our country concrete actuality, based on the party's request in the litigation and considering the factors of combined litigation targets etc. other related factor, this article specifies the administrative litigation into revocatory litigation, obligatory litigation, given litigation, confirmative litigation four types, and respectively carries on detailed analysis for the basic litigation types construction. Each litigation type is from the special procedure important item of litigation, court's judgement rule and verdict form three generous sides to discuss. Respectively constitute court judgement forms applicable for the various types, make the party's requests match the court judgement contents guided by the administrative litigation types, which reflects the internal administrative litigation processes requiring and benefits to reasonable protection of people's rights and profits. In addition, the management of same type of administrative litigation can obviously improve the efficiency of administrative litigation decisions and economize administrative litigation materials. In fact, this is exactly the inherent request of a proper litigation procedure.