The Position And Realization Of China's Administrative Litigation Purpose

The study of administrative litigation purpose is a fundamentally theoretical issue.It relates to the construction of theoretical system of administrative litigation,guides the perfection of administrative litigation system and affects the judicial practice of administrative litigation.The scientific and reasonable positioning of administrative litigation purpose is of great significance both in theory and practice.The author will begin with the definition and analysis of some basic conceptions like"purpose","administrative litigation","purpose of administrative litigation"to help to master the connotation as well as the denotation of administrative litigation purpose.In order to achieve an in-depth understanding and cognition of the positioning and realization mechanism of administrative litigation,the author will analyze three main factors affecting the process of formation of the administrative litigation purpose,namely the degree of constitutionalism,the tradition of legal culture and the cognitive level of legislature.After the World War II,with the development of constitutionalism,the change of legal culture and the rise of legislature's cognitive level,the purpose of administrative litigation system is paying more and more importance on the protection of people's rights and interests.The positioning of China's administrative litigation purpose is to solve the issue of"why we need administrative litigation system".The study on administrative litigation purpose mainly includes monism,dualism,triadic theory and pluralism. On the basis of the analyses of principal academic studies,the author puts up with his own point of view—the positioning of administrative litigation purpose is to protect the lawful rights and interests of administrative counterparts as well as the public interests.And then the author will discuss the necessity of the positioning of administrative litigation purpose from both the macro and micro perspectives.To realize the administrative litigation purpose is to solve the issue of"what administrative litigation system we need".With the purpose of helping administrative litigation system develop itself toward a better direction,the author will discuss the perfection of administrative litigation system from the following five aspects: the scope of administrative lawsuit, the qualification of plaintiff , the cohesive relation between reconsideration and lawsuit , the categorization of administrative litigation and the implementation system.As for the scope of administrative lawsuit,the regulations of existing law and its judicial interpretations is not so perfect and the author suggests the scope be broadened;in the perspective of plaintiff qualification,it is advisable to learn from the standards of"injury-in-fact"or"negative-impact-in-fact"in America;As for the cohesive relation between administrative reconsideration and lawsuit,the author offers the suggestion of the cohesive mode based on"making free choice the principle and reconsideration in advance the exception"; as for the implementation system of administrative litigation categorization,the author suggests"the content of lawsuit claim"be the basic standard of categorization and agrees with the point of view that administrative litigation should be divided into four types: revocation lawsuit,imposed-obligation lawsuit,general payment lawsuit and affirmation lawsuit ; in the perspective of administrative litigation implementation system,perfection of implementations of administrative verdicts and non-litigious action is suggested.By doing so,the author hopes to provide a shallow path to the revision of Administrative Litigation Law of PRC and the more powerful legal protection to citizens'rights and interests so as to help the realization of purpose of administrative litigation system.