The Study On Scope Of Accepting Cases Of Administrative Procedure In China

The scope of accepting cases is an issue for administrative procedure or judicial review, and it's also the most controversial and divergent problem form the administrative procedure law of the people's republic of China become effective. It is an important task for the theoretical circles of administrative procedure law in China. Find a due way to balance jurisdiction, administration and citizen right, draw lessons from different legal system, and analyze the defect of scope of accepting cases are necessary and valuable. The scope of accepting cases is a critical point not only the subject of administration has the immunity from jurisdiction but also the protection of citizen's and legal person's legitimate interest out of the infringe of subject of administration. Scope of accepting cases is the most direct embodiment of administration of the rule of law. Systemic study of the scope of accepting cases should be propitious to protect legitimate interest of citizen and legal person, perfect subject of administration discharge its functions and powers, and healthy development of China's administrative procedure system.