Study On The Accuser's Affirmation Rule Of Administration Lawsuit

By people known as the "people to the law officers" -"Administrative Procedure Law" has been the promulgation of 20 years, and its promulgation in accordance with the law for the administration to monitor the executive branch to protect the legitimate interests of the relative played a positive role in the Chinese construction administration of the rule of law the meaning of a landmark. However, this contribution can not cover up the inadequacies of the law. Administrative proceedings the defendant litigant administration system as an important component of the practice of recognized rules in the course of the proceedings with considerable degree of complexity often arise because of inconsistencies in the attitude of the court made the prosecution of a relatively restricted person. Compared to the complexity of our country of the accused to confirm the rules regarding the defendant's theory of foreign countries are less significant. Abroad because the defendant did not seem to confirm the existence of any problem, but are merely a law on technology .Administration in the main proceedings as the defendant's administration confirmed that the standard must exist shortcomings and inadequacies of our country at the introduction of the foreign scholars theories distort its original meaning,resulting in the theory of domestic and foreign administration of the main theories exist considerable differences. This is the main theory in the administration of our country made a special background. With the economy in transition and political reform, and all types of government changes to the limited government, public administration, our country had come a long way in the development of the traditional sense of the administration to the National Service Administration, the development of benefit administration, the exercise of non-governmental organizations more and more and more the Government has enjoyed the original terms of administration to the laws and regulations to the definition of the mandate of the administration of this type of organization must exist on the Status of the main difficulties in the exercise of administrative authority to the nature of their acts to be included in the proceedings of the channels of relief. To reflect on our country's administrative proceedings to confirm the rules of the accused, through the administration of study abroad, the main theory and administrative proceedings to confirm the defendant's rules, I think that standards of conduct as the defendant's confirmation rules are practical. In this paper, the methodology used on the main empirical analysis, comparative analysis and the methods of deductive reasoning, through our traditional rules of evidence to confirm the defendant's research and analysis, related systems at extra-territorial investigation based on the experience of our criteria should be taken the defendant as the rules for confirmation of our country. In this paper, the innovation lies in the administrative proceedings to confirm the rules of the defendant's point of view on the constitutional construction to administrative proceedings for the purpose of guiding principles, the difference between administrative proceedings and administrative litigation by the defendant was the scope of the relationship between the administrative litigation system based on procedural Value drawn to the standards of conduct as the defendant's recognition rules, and thus the specific meaning of the act of a systematic evaluation and analysis. In this paper, the content is divided into four parts:The first part, administrative proceedings the defendant eligible for the empirical analysis. First of all the existing laws of our country and accused the administration of justice to explain how to confirm a lot of study, an analysis of the rules to confirm the existence of such defects and shortcomings.Partâ…¡, administration main defendant and administrative litigation. The main administration and administrative litigation at the defendant's close contact of the rule of law abroad experience does not exist, administrative litigation abroad to confirm the defendant is prosecuted from the convenience of the parties to consider the point of view. In China, the administrative proceedings between the defendant and the main administration was artificially assumed to be exactly the same, the defendant is found eligible if they identified with the administration entity.Partâ…¢administrative proceedings the theoretical basis for the defendant. Constitutionlism are the ultimate value of the defendant's goal of administrative proceedings, the purpose of administrative proceedings are the guiding principles of its direct, and the scope of administrative litigation cases are identified by the premise of the defendant, the defendant administrative proceedings is the appropriate lattice theory in the administrative litigation system, the value of the procedure embodiment. Administrative proceedings the theoretical basis for the defendant to make us reflect on the rules of the accused should be confirmed by other criteria there is.Partâ…£, the defendant confirmed that the rules of our country's path analysis. This part of the defendant from establishing what factors should be considered, the implementation of rational rules of the defendant confirmed that the handover: the standards of conduct. Pointed out that the nature of the act in the defendant's confirmation rules as other countries and regions are in general practice, to achieve the simplification of the rules of the accused to confirm the effective protection of people's right to appeal the relative. However, standards of conduct is not a concept of uncertainty in our country's current constitutional structure and administrative litigation environment, standards of conduct in the "conduct" with a specific connotation and extension. Finally, the provisional institutions and non-governmental organizations eligible for the use of standards of conduct for the defendant to give a correlation analysis.