The Study On The Scope Of Accepting Cases Of Administrative Proceedings

The scope of accepting cases of administrative proceedings that points to the range of accepting administrative cases by court, is the special problem comparing to the law of civil procedure and criminal procedure, meanwhile, it is the fundamental problem of administrative proceedings system. Establishing accurately the scope of accepting cases of administrative proceedings is the key to administer by law and deepen the rule by law, secondly, it is necessary to fulfill the promises of civil rights promising by constitution and achieve the real constitutional government, meanwhile, it is essential to restrain executive power and form equilibrium political rule system, once more, it may help to realize the protection of rights and freedom and reach to the goal of "legal state", finally, it is actual demand solving increasing administrative disputes and providing the sufficiency relief approach for new appearing administrative disputes. Due to the lack of fundamental ideas, excessively yield to the reality, and short of the legislative technique, the scope of accepting cases established by existing administrative proceedings law has been criticizing by administrative jurisprudential circle.The author explores the relations between the scope of accepting cases and other categories, reviews the representative stipulations of the scope of accepting cases in foreign administrative legislation. and comments and analyses the scope of accepting cases on existing stipulations in China, According to the conclusion drawn from the research, the author puts forward to the legislative conception of reestablishing the scope of accepting cases of administrative proceedings. The author figures out that the reestablishing of the scope of accepting cases should been based on the theories of human rights and separation of power and balance ,fully protects the lawful rights and interests of citizen, deals with correctively the relations between jurisdiction power and administrative power, handles scientific the relations between the scope of accepting cases and relative systems, clears the implications such sustaining conceptions as administrative subject , administrative act, makes the affirmative regulation on the suitable administrative act in the summarizing way, and makes the negative regulation on the administrative proceedings involving partial administrative power in the listing way.