Study Of Administrative Proceeding System In China

Studying in a deep-going way to the administrative litigation system in China is an intense response to the country's legal system building, which is of profound significance in academic and practical fields. First of all, structuring impartial and effective administrative litigation system is the inherent request by spirit of legality. Secondly, it is the development of the Constitution right-control idea. Thirdly, it is not only the restraint to administration authority, but also the guarantee to civil rights, which interacts with service-oriented government, showing intense political meaning. Finally, China has experienced a period of high speed economic growth in 90s, and lately, engaged in WTO in 2001, many qualitative changes have undergone both in economic and political domains, therefore, to study and sort out administrative proceedings under new circumstances has critical realistic meaning.China has worked out the Administrative Procedural Law in 1989, afterwards, central authority and local governments have promulgated 72 relevant laws and regulations consecutively, up to this point, China has formed its basic administrative litigation system. This system is composed of ten major sections, which separately are scope of accepting cases, region jurisdiction, grade jurisdiction, lawsuit attendant limits, evidence rules, procedures of sue and accept, procedures of cognizance and decision, executive routine, public compensation relief in infringements and procedures in foreign affairs. At present, how administrative litigation system integrates with WTO, how administrative proceedings ensure civil rights and studies of specific administrative actions are three major research areas that scholars are mostly concern. In the field of study in abroad administrative litigation system, scholars prefer to adopt comparative research and case study as research methods. In terms of investigated subjects, researchers focus on different countries' political background, legal tradition and mentality, as well as thought way, in addition, scholars also emphasis on exploring different theory basis caused by various countries' legal idea and power separation patterns. When it comes to concrete research problems, scholars expand their attention on four fields, the administrative litigation system pattern, mediation rules of contentious procedures, scope of accepting cases and qualification of appealing. The tendency of this study is to explore the junction and similarities between western countries and China through studying western countries' development routes of administrative litigation system and applied patterns, then, take whose strong points for our reference.This paper is aim to achieve three targets. An overview of Chinese administrative litigation system will be given at first, which involves legal foundation, development stages and current situation of China's administrative litigation system. Secondly, causes of existed system problem will be analyzed thoroughly in light of traditional mentalities, economic and political basis, right exercise cost, quality of legislation and judicature organs and so on. Thirdly, this paper attempts to put forward several proposals for molding an impartial and effective administrative litigation pattern.The content of this study is divided into three parts. In the first part, through reviewing various discussions among scholars and integrating national conditions in China, this paper attempt to establish the philosophy basis of current China's administrative litigation system based on legal system theory, right standard theory and right control theory. In the second part, this paper is about to study existed concrete problems, which are mainly about the divorce of legal texts and practical operations, incompatible problems of unified legal system with different regional economic situations, high costs for citizens to exercise their rights and citizens' hard-broken official rank consciousness and so on. As followed, the paper will structure a model solving the problem. The model this paper attempts to establish is based on those classical models whose core thoughts are about stipulating proceedings and weakening free decision power, such as rule theory, power supervision theory and analyzing law theory. After that, this paper is about to give a detail statement of the model both in system and practice level.