The Research On The Scope Of Accepting Cases Of Administrative Litigation

The scope of accepting cases of administrative litigation is a distinctive and important issue in the administrative proceedings. In the administrative litigation system it is one of the most concerning issues, also takes the most share of discussions and debates in this area of academic community. The scope of accepting cases of administrative litigation resolves the problems of division of labour of the judiciary and other state organs dealing with administrative disputes, not only reflects a country's the depth and breadth of supervision of judicial power to the administrative power, but also shows that the depth and breadth of remedies of right to administrative counterpart of a state,and to some extent, it reflects the growth of a country's legal system. In China, the scope of accepting cases of administrative litigation is restricted to the external or some certain administrative action which is related to personal rights or property rights. With the requirements of the development of the international economic and political situation, the enhancement of the leagal consciousness of the citizens, corporation and other organizations, the deepening of each reform, we should use other country'experience for reference and take measures to improve the system of the scope of accepting cases of administrative litigation, perfect the rule of administrative procedural law, and propel the process of building the country governed by the law.This dissertation for academic degree contemplates the subject from the following aspects:Chapter one not only demonstrates conception and connotation of the scope of accepting cases of administrative litigation, but meanwhile relate and analyze the meaning of reasonably definition of the scope of accepting cases of administrative litigation. Chapter two introduce the modes of the scope of accepting cases of administrative litigation.In practice, affirmative summarization and negative list is the main mode to determine the scope of accepting cases of administrative litigation,meanwhile, the mode of the presumptive principle of administrative proceedings to review and the mode determine the scope of accepting cases of administrative litigation by define the administrative action are also very important.This chapter emphasizes the current conditions and deficiency of the scope of accepting cases of administrative litigation.By analyzing,we can find that there are main problems in the following. The scope of acceptive administrative action is too narrow,several kinds of administrative action are excluded from the scope and can't be remedied by justice,and the deficiency of legislation code on the scope of accepting cases of administrative litigation.Finally we compared it with that in some typical countries and we can learn some experience from that. This chapter puts forward ways and assumptions to improve our country's scope of accepting cases of administrative litigation respectively on the foundation of jurisprudence and demonstration of feasibility and necessity. furthermore,we have some suggestion on improvement and perfection of concrete legal system in detail,mainly from those aspects as following, changing the standard of the accreditation in administrative litigation,pefection of rationality standard, establishing the system to review administrative contracts by justice, establishing the system to review internal administrative action,establishing the presumptive principle of administrative proceedings to review and so on.so that we should achieve the goal of extending the scope of administrative litigation law to guarantee the civil rights.