The Scope Of Accepting Cases In Administrative Procedural Law Of China

This article begins with general theory about the scope of accepting cases in administrative litigation, investigating the status quo of the scope of accepting cases in administrative litigation in China. By comparing and analyzing the scope of judicial review in Anglo-American Legal System and Civil Law System, this article examines the current scope of administrative litigation. On this base, this article puts forward the conception of re-establishing the scope of administrative litigation in China.In addition to the introduction and the conclusion, this article is divided into four parts:Chapter I: the general theory of the scope of accepting cases in administrative litigation. This part outlines the concept and significance of the scope of administrative litigation, and analyzes the causes and characteristics of the scope of administrative litigation.Chapter II: the status quo of the scope of accepting cases in administrative litigation in China. This part summarizes the status quo of the scope of administrative litigation according to People's Republic of China Administrative Procedure Law and Interpretation of the Supreme People's Court on Several Issues about executing People's Republic of China Administrative Procedure Law.Chapter III: comparison with two main legal systems in the scope of accepting cases. By taking the United Stated, Britain, Germany and France for example, this part compares the scope of accepting cases in Chinese existing administrative procedural law with the corresponding rules in another two main legal systems, and believes that the existing scope of accepting cases is limited and the way to determine the scope is unreasonable.Chapter IV: the conception of re-establishing the scope of accepting cases in administrative litigation. This part puts forward that re-establishing the scope is to solve the problems existing in the practice of administrative litigation. Moreover, re-establishment of the scope is the need of fulfilling China's international obligations. This part figures that the general principle of jurisdiction should be applied in the scope of accepting cases in administrative litigation and re-establishing the scope of accepting cases should be determined by the administrative acts.