On Administrative Proceedings Structure

The administrative proceedings are realize the entity right and the voluntary legitimate way and the essential condition, how does its structure organically combine was deciding to a certain extent whether the system does display the biggest potency. The administrative proceedings structure is realizes the administrative proceedings goal, the value function basic construction, is to the administrative proceedings main body and the reciprocity basic stipulation, is the administrative proceedings rights and obligations disposition overall situation; Simultaneously is also the system premise which the administrative proceedings case places on trial, is the administrative proceedings activity development foundation basis.Refers to the structure of administrative proceedings in the administrative proceedings in the process of each step or as part of the plaintiffs citizens, legal persons or other organizations, as the defendant's executive authorities and organizations authorized by laws and regulations and as a magistrate's court and in accordance with the legal status of the Chief Procedural Law presented by the relationship between rights and obligations of configuration. Administrative proceedings of the constituent elements of the structure should include the administrative jurisdiction, administrative appeal,the defendant executive power in the relations between the executive and the executive the right to appeal the jurisdiction of interdependence, mutual constraints; administrative jurisdiction over the executive power with the defendant and the two horizontal and vertical relationship; administrative right of appeal with the defendant, the executive power in the same status, monitoring the defendant's exercise of executive power. The current structure of administrative litigation problems are mainly the lack of authority of the administrative jurisdiction; administrative right of appeal of the type of single, narrow; Chief executive authorities and the relative strength imbalances. The impact of structural factors that administrative proceedings are mainly in accordance with the law not optimistic about the overall situation of the executive to resolve administrative disputes in a variety of ways to protect the legitimate rights and interests of the executive relative needs and citizens, legal persons, such as the right to continuous improvement in the awareness of the four factors.Improve the structure of administrative proceedings in the Administrative Procedure Law is a modification of the basic problems that can not be evaded. To further protect the independence of administrative jurisdiction, the Chief of the full right of appeal,the defendant the right to perform the administrative obligations of a conscious action, in particular, should be absorbed from synergy factor is reasonable to maintain a moderate strengthening of the administrative trial,to further strengthen the provisions of the administrative appeal and protection, strengthen the protection of the right to appeal to the Chief, the administrative jurisdiction of checks and balances, absorbing and drawing on synergy factor is reasonable to configure the content and the scientific competence of the parties of the proceedings, the obligation to play the only way to improve the structure of the purpose of administrative proceedings.