Research On The Execution Problem Of Special Administrative Action In The Period Of Litigation

The principle of (not) stopping execution of the special administrative act is a particular principle in administrative redress system, the specific content of the principle refers to the relative who thinks that the Chief Executive of the administrative act subject to a violation of their legitimate rights and interests so as to have the right to the executive authorities reconsideration or bring an administrative lawsuit to the courts in order to safeguard their legitimate interests in the disputed administrative act that has been found during the administrative action (not) to stop implementation of the system. For both systems the value of options to stop implementation of the principal prosecution is based on social and public interests to maintain and improve administrative efficiency, the prosecution did not stop the implementation is mainly based on individual rights of citizens to maintain and relief. In China based on the national, collective interests, social public interests, the maintenance of the consideration, China's administrative relief law that is in our current established in the Administrative Procedure Law and the Administrative Review Law does not stop the implementation of the basic principle of legislation. It should be said that the principle in legislation is in line with the initial conditions and socio-economic development in China at that time, but as a continuation of China's reform and opening up further, the country's continuous development of the enormous changes in social structure, "rule of law state", "social state", "democratic country" in the constitutional concept of continuous enjoys popular support, protection of the rights of our citizens means unprecedented. Litigation does not stop the implementation of the protection of the rights of individuals less than, obviously unsuited to this; This paper introduces the (not) to stop the implementation of the principles of the theoretical basis for choice of values, and thinks that China's administrative Relief Act are not taken to stop the implementation of the principle of non-in line with our present national situation and social development needs, that the present stage of enacting the law in practice in the administrative remedies should be taken to stop the implementation of the principle. In this paper, the structure is divided into four parts related discussion.Partâ… :Litigation (not) to stop the implementation of the theoretical basis for the principles of choice and value. This section introduced the stay of execution does not stop the implementation of the principles and the principle of theoretical basis. And highlighted the implementation of the principles of the public did not stop anyone, to stop the implementation of the principles of the theory and the temporary protection of rights theory.Partâ…¡:On the external action (not) to stop the implementation of institutional arrangements for the comparative analysis. This section from a comparative law perspective, Germany, Japan and China's Taiwan region Relief Act legislation in the administrative practice of the principle of selection are introduced and comparative analysis.Partâ…¢:China's prosecution did not stop the implementation of the principle of the status quo and the lack of legislation. This section focuses on China's existing Administrative Procedure Law and the Administrative Review Law does not stop on the on the implementation of the principles and provisions of exceptions, as well as our executive and legislative practice, select the specific theoretical basis of the principle and value orientation, and pointed out that the Administrative Procedure Law in China and a number of the interpretation of relevant provisions of the Administrative Procedure Law, and do not stop the implementation of the principle of contradiction and conflict.Partâ…£:China's actions did not stop the implementation of the principle of reflection and reconstruction. The first three parts based in part on the analysis and discussion that China's existing administrative remedies taken in the practice of enacting the law does not stop implementation of the principle has been with the national conditions of China at this stage do not want to adapt, based on the protection of the rights of individual citizens and relief, our country should be the executive and legislative change in practice did not stop the implementation of the principle to halt the implementation of the principle.