On The Typological Possibility Of Administrative Litigation Under Vision Of Responsive Law

The type of administrative litigation is the tendency of various administrative systems since 20th century. 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. We need to rethink and comb the existed administrative litigation details based on the research and consideration of western country administrative litigation system.Based on the legal method of conceptual analysis,value analysis and comparative research, this article takes the responsive legal model which devised by American society and law scholar Nonet Philippe and Selznick Philip as the main research method, takes the administrative litigation types as object of study, the article divides into four parts.The first part carries on the concept limits to the administrative litigation types under the premise,the article has criticized the current typological research of the type of administrative litigation , thought that the related research of the type of administrative litigation more or less has some problems, for example, it lacks of applying theory to reality, and the comparative research of high level of administrative litigation types is also rare. It needs us to open the view of research angle, seeks the way by using legal method of social analysis—responsive legal model to solve the question, and from this has established the full text research technique;The second part has analyzed and combed the present situation of the administrative litigation types under the response law methodology, thought that the present kind of non-typological legislation and the judicature of taking acts according to the fact, taking law as the criterion limit the document scope of administrative litigation. It has formed the fault between with the judicial demand which grows to ever greater heights by citizen, so it is urgently needed to establish the system of administrative litigation types in our country;The third part has compared typological theory and experience with Germany, France, Japan and other developed countries about the specification of administrative litigation types, thought that along with the development of administrative legal system, our administrative litigation types should also expand unceasingly, the type of administrative litigation must become a new commanding point of the reform of administrative procedural law and administrative trial way;The fourth part has discussed the possible way of the type of administrative litigation from the goal of the administrative litigation types,the way which can realize this goal, as well as the relation between the legislative responsive and the judicial responsive under the vision of responsive law, and finally this article has made the simple description of three kind of administrative litigation types which may be established embarking from the constitutional system of our country.