On The Function And Realization Of Administration Litigation

In the administrative law and litigation law, the research on function about administrative lawsuit has a great significance in theory, also in practice. The administrative lawsuit function is the basic concept in the administrative proceedings, not only involving the theoretic construction of the administrative litigation law, also involving the systematic design of the administrative litigation law, what's more it influences the judicial practice in the administrative proceedings. The process of understanding the function of administrative litigation is also the process of understanding the essence of the administrative litigation.The administrative litigation function has the potential capability, which is depended on the attributes, internal elements, and the construction. It is the standard of the administrative litigation judging, the most important standard about effectiveness of the administrative law and litigation law is to judge if the necessary function of the administrative litigation tallies with the original purpose. Although, generally speaking, the administrative proceeding has the function to settle the conflict and ensure the relative rights, but for the understanding of administrative litigation function is different from persons to persons, everyone has the different emphasis. From the angle of the judicial administrative litigation it has the rights-balancing function and policy-forming function; from the angle of the defendant, the administrative litigation bears the function of protecting the rights; from the angle of the administrative department, the administrative litigation function likely possesses the function of settling the administrative dissension. All kinds of the administrative litigation functions interact with each other, and already an organic integrity comes into being. Compared to the criminal litigation and the civil litigation, the function of the rights-balancing is particular function for the administrative litigation.At present, there are three elements that will put impact on the exertion of the administrative litigation function: the excessive rigid qualification standard of censoring the defendant; the limited scope of the administrative litigation; the rights localization of the judicial trial. The three elements already become an obstacle for the administrative litigation to bring the four functions into full play. So it is necessary to debase the standard to some extent and enlarge the relative scope of the victim about the relevant rights in order to emphasize the protection function of the administrative litigation, also the acceptance scope of the administrative litigation in order to enlarge the filed in which the court operate the censoring of the administrative department behavior, to strengthen the rights balancing function of administrative litigation. Avoid the rights localization of the judicial trial, then for the court it will benefit the policy forming function in the administrative litigation.