The Research On The Administrative Procedure Category

Type refers to the administrative proceedings administrative proceedings according to certain standards will be v. classification, which is a very important administrative proceedings in the content, it has a direct bearing on the protection of civil rights breadth and depth. Therefore, a system to study the types of administrative proceedings, not only has theoretical value, but also and have practical significance. This paper will draw on Western countries, the type of administrative proceedings related to the successful experience, combined with the status quo of China's administrative proceedings, the proceedings of our line typed to explore and study with a view to the construction of China's Administrative Litigation types of benefit.Partâ… : The concept of administrative actions and characteristics of the type a brief description of the types of administrative proceedings to have a preliminary knowledge and understanding. I believe that some sort of administrative action type is the classification results, but types of administrative proceedings can not be simply divided by v, or right of appeal proceedings as a kind of standard, comprehensive consideration should also be eligible for the parties, the nature of the dispute, the court's competence to hear the rules and referees and other multi - standard. Therefore, I believe that the concept of types of administrative action should be defined as: type of administrative action is based on the purpose and nature of the administrative proceedings, litigation request, the trial court's competence to hear the rules, referees methods standards. Right of citizens, legal persons, other organizations ask the court to hear the activities of specific administrative acts of classification patterns formed by the litigation.Partâ…¡: discusses the types of administrative proceedings to establish the significance in our country, it is not only a theoretical demand, but also has constitutional significance, but also has practical significance. As an integral part of the line of judicial power, sub-process in the exercise of jurisdiction should be made by the executive authorities to review the legality of administrative acts, and the review must be comprehensive, including the administrative acts of factual findings and application of the law. Therefore, the administrative jurisdiction of one of the purposes is to ensure that the executive powers of the executive authorities in the correct orbit, so that from the improper administration of civil rights acts of infringement. Therefore, it is the right to administrative justice supervision and restriction mechanism, Contributed to the improvement of types of administrative proceedings.Constitution is the fundamental law of a country, which provides the country's basic system of basic rights and duties of citizens, the country's institutions and the composition and so on. Precisely in these areas affect the types of administrative proceedings of a State building. To promote people are the masters of socialist countries, but in power during operation, there have been power and the rights of chess and compete in this process, the phenomenon of power against people's rights, whether capitalist or socialist countries were inevitable. China's state system is the working class, led by the worker-peasant alliance as the basis of people's democratic dictatorship. State that all power belongs to the people. However, China is still in the primary stage of socialism, the economy is still relatively backward, socialist democracy and legal system building also should be strengthened. State organs and their staff illegal infringement of citizens, legal persons and the legitimate rights and interests of other organizations, there are still occurrences, which we must face facts. As the Administrative Procedure Law to supervise the executive organ of state power to exercise specific functions, reform and improve the administrative procedure law is an inevitable move, in order to effectively protect people's rights against the executive branch violated, they should increase and improve the types of administrative proceedings in order to achieve a comprehensive without loopholes protection, which is not only the needs of the Administrative Procedure Law, but also the needs of our Constitution.Partâ…¢: First, on China's mainland types of administrative proceedings carried out an analysis of the status quo and to identify types of administrative proceedings does not exist in China-oriented reasons for that; then foreign and Taiwan region, type of administrative proceedings were introduced, including France, Germany, Japan, the United Kingdom and the United States. For these countries in the cultural history, economic status and function of differences in the courts, so the type of administrative proceedings countries has shown a variety of forms.China's "Administrative Procedure Law" does not provide the type of administrative proceedings, only provides for four kinds of judgments the form of administrative proceedings, namely, the compensation decision to remove the sentence, change sentence to fulfill sentence. "Several explanations were" added to the form of two kinds of judgments that dismissed the action request and confirmed the sentence. So, as our scholars according to China's "Administrative Procedure Law" Article 11 provides that the case range, combined with the form of China's ruling will be our type of administrative proceedings for the revocation of the complaint, confirmed that the complaint to change the complaint, compensation of the complaint, carry out v. The other two types. This type of decision from the administrative proceedings administrative proceedings the presumption types of reversing cause and result of the practice is unscientific, this division of administrative decisions and actions without considering the logical relationship between categories, but did not take into account the party's claim.Partâ…£: discusses the construction of the type of administrative litigation. In this section, the specific conditions of our country, while making reference to other relevant factors, proposed to the party's claim for the division of standards, by type of administrative litigation in China for the removal of litigation, class actions to the duties, pay litigation, confirmation proceedings, the four Large type. It was also suggested building a public interest litigation, judicial review proceedings and implementation of the three types of special litigation type of litigation. The same time, type of administrative action proposed to build pattern. Taiwan's administrative law scholars, Mr. Cai Zhifang and once China's Administrative Procedure Law of regulation related to the type of proceedings be summed up as "unknown fixed-ism,"Its absence is not clear, the advantage of the development with the needs. In fact, in my opinion, China's current "Administrative Procedure Law" is not the type of administrative action to make it clear that I believe that, given the historical tradition of the statute the Mainland of China, in particular, taking into account the citizens to seek judicial relief to the integrity and effectiveness of the Department of Administration The fundamental purpose of the establishment of legal system and therefore the proceedings on the type of regulation should be determined to take the "it is defined doctrine" model.