Study On Judicial Review Standard Of Administrative Litigation In Our Country

Judicial review standard of administrative litigation is the criterion that can measure that one case wheather is administrative case or not. The Article 2 of our《Administrative Litigation Law》stipulates that:" Citizens,legal persons or other organizations shall have the right to institute legal proceedings in the courts against any specific administrative act that have harmed the lawful rights with the law." Therefore,《Administrative Litigation Law》makes"specific administrative act" become judicial review standard of administrative litigation. But along with the rule of law turn progress quickly, more and more problems about this standard appeared, and it can't suit the needs of theory and practice. Fore the above reasons, this article will take legal research in judicial review standard of administrative litigation.In addition to preface and conclusion, the text is divided into four parts. The first part is about the concept of judicial review standard of administrative litigation, and this part lay a founda-tion for further research. The second part is the reflection of the present judicial review standard of administrative litigation, and in this part we analyze the defect of the standard and show the necessity of rebuilding the standard. The third part is about the research of the standard in other countries, and we want to bring in a useful reference for China. In the fourth part, we try to rebuild the judicial review standard of administrative litigation, and finally we made "administrative dispute" become judicial review standard of administrative litigation.In this part, we mainly researched correlation theory and analysed the characteristics of the administrative dispute, and proved the feasibility of making "administrative dispute" become judicial review standard of administrative litigation.