A Research On Ontology Of Administrative Litigation Right

Administrative litigation right is a basic category of administrative litigation. The ontology of administrative litigation right, in the paper, is discussed on the issues of the definition, nature, characteristics, elements of the administrative litigation right. Based on the comparison among the current definitions of the administrative litigation right, the author definite it as the separation and balance of powers. According to the legislation in the Constitution and Law, the right and behalf is a kind of qualification which especially about the constitution of crime, the difference of crime of fraud from other crimes. This paper explicate and some dispute issues about the constitutive requirements of crime of fraud and the judicial determination existed in the theoretic and judicatory field, sketch the concept and position of the crime of fraud and the legislation on it both in the continent and in the foreign countries. Secondly, the paper put forward the author's own view based on the probing into the dispute questions about object of crime, the objective aspects of crime, the subject of crime and the subjective aspects of crime of fraud from the angle of constitution of a crime. Thirdly, the paper discusses the determination of amount about crime of fraud and the cognizance of the difference between attempt of crime and the complete style. Finally, the cognizance of crime of fraud different from other crime such as stealing crime, the crime of contractual fraud and the crime of accepting bribes is also explicated in the paper, hoping that it could benefit the judicial practice.