The Administrative Court Of The Nanjing National Government's Trial Activity Of Land Cases

Administrative litigation system is a reflection of modern political civilization,and a monitoring system of the administrative power. The Administrative Court of Nanjing National Government, which had assorted the previous results of the development of the foreign administrative litigation system, represented the highest level of administrative litigation system in modern China. Different form the previous forms,the Administrative Court of Nanjing National Government was a modern and independent judiciary. Therefore, the study can not only enrich the existing research, but also promote the reform of contemporary system. By choosing the angle of administrative proceedings of the land cases, the article makes an intensive study of the administrative litigation system at that time from one specific issues, to draw profound and objective conclusions.China is in an important period of system transition, and the existing administrative system can not meet the needs of the community already. In the activities of government's land management; more and more problems are leaded out. We can only learn from the successful experience of the Administrative Court of Nanjing National Government, and at the same time reflect the experience of failure of it, to implement the administrative system reform. This paper attempted to draw more profound conclusions, through the studying of the administrative proceedings about land cases.The article is divided into six parts:The first part is about the legal relationship during the trial of land administration cases.This section discuss from the subject, the object and the content of the rights and obligations which were form between the Administrative Court and the parties about the disputes, when the Administrative Court was judging the lands cases.Among the discussing, the establishment and the organizations of the Administrative Court, the conditions as the judge, the evaluation of judges, the rights (power)and obligations of the subjects are both the highlights of the article.The second part is about the proceedings of land administrative litigation. This section focuses on the Proceeding, the acceptance, the trial, the judgment and the enforcement of a land administrative litigation, and talk about the problems during the proceedings.The third part is about the entity legal basis used by the Administrative Court to deal with the land cases.I will elaborate the entity legal basis form two respects of the land management and the land acquisition to combine with the previous section.The forth part is about the statistical analysis of the trial activity of the land administrative litigation. This section makes a lot of detailed statistics of the acceptance's situation, the geographical distribution, and the treatment results, to summarized the characteristics, and find out the reason.The fifth part is about the value of the trial activity of the land administrative litigation of the Administrative Court. Here I will talk about the practical value and the defects of the trial activity of the land administrative litigation of the Administrative Court from the practice-based perspective. Then I will propose some suggestions for the reform of the today's administrative litigation system, which are based on the above arguments.The article uses the method of literal,interpretation to analysis of the basic legal system. At the same time combined with the case, the discussing ways have becalmed more vivid and more convincing.When studying the effects of social practice, I had collected large amount of data, and then organized the data systematically. So the statistical analysis method is the one of the common methods used in the article.