Review And Reconstruction Of Domestic Administrative Appeal System

Administrative proceedings is a lawsuit system that parties assert their disobedience on time, and demand for the twice trial and the withdrewal or changement of the formers when they dissatisfied with the courts' first magistrate which have not ever took effect. Whether the function of administrative proceedings can be embodied is realated to the integer value and aim of administrative proceedings straightly resorting to "the court of second instance is the court of last instance "system carried out home. So in the whole procedure, The administrative proceedings system acts a very important role.As its inherent defects in institutionally design and Chinese characteristics in operation, there are many problems in such system which deviate from the init legislative purpose. They are firstly that "the second instance is the court of last instance" system restrict the appealing function; secondly, "infinity appeal" entices procedural speculation; and "the final jugement is not a final one" damage the judicial authority.To deal with these disadvantages told above, I think, the present administrative appeal system should be totally transformed on the former of domestic practises and alien experience. So we can follow these steps: first, to deal with the legislative and practical problems, on the basis of reasonable restrict of jurisdiction and right to appeal, to perfect the present administrative proceedings system, for example, to strengthen the condition for appeal, to perfect the judgment modification system and do other things in order that met the desire of justness and efficiency; Next, use legislation of most country for reference, carry out limited system of "court of the third instance is the court of last instance"; use legislation of most country for reference, carry out limited system of "court of the third instance is the court of last instance". The third trial is the lawsuit trial, carry out some special rules, found appeal permission system, to protect the appealing rights of paties and restrict its abuse either, so that the thought of the third trial unite law fitness will come into reality. thirdly, basic on the reflection of our retrial conception, we can restructure the retrial rule, such as :abolish the rights that court start retrial procedure and depart the protest from retrial and found retrial appeal itself, prescribe specific retrial reason, so that we can limite the startup of retrial procedure and so on.