On The Scope Of Accepting Cases In Administrative Litigation

The system of the scope of accepting cases in administrative litigation will be the first issue to be considered when the administrative litigation system is established and improved. It doesn't only reflect the level of development of administrative proceedings in a country, but also a true reflection of the degree of political democracy in a country and the level of right protection. With the implementation of the governance strategy of Governing by the rule of law and the event of human rights being written into the Constitution, to establish and improve the system of the scope of administrative litigation has become an urgent task in the process of building a socialist legal country.Due to the fact that the range of the administrative proceedings is decided by such complicated factors as the power system, the culture of rule of law, economic development and etc, it is an extremely complex task to establish an appropriate system of the scope of accepting cases. With the beginning of the analysis of the system, the author tries to find out the necessary factors which should be considered. Then, from longitudinal analysis of the development of the case ranges, the author analyzes the shortcomings of the system. From those simple provisions to attached to civil procedures, and from the establishment of the relatively independent administrative Judicial institutions to unified administrative procedure law, from the judicial interpretations and replies by the Supreme People's Court to "the explanations on some issues on the implement of " in 2000 (That is considered as the breakthrough of the system of case ranges), and plus the expansion by the Administrative Reconsideration Law, and the Law on Administrative Penalty, the system of the scope of accepting cases was achieved considerable development, but there are still Imperfections。As the accession to the WTO, the requirement for lawful administrative actions is getting higher and higher, and people's consciousness of rights protection is also getting stronger and stronger, so the existing system cannot meet the practical needs and needs to be perfected。We should adopt historical experience those abroad, clearly establish the right-oriented aim to be as the guidance of the administrative litigation system, and Under the guidance of the constitutionalism thoughts, reconstruct the scope of accepting cases of administrative litigation. And we should add those non-executive organizations, which is litigation eligible, into the scope with the way of positive list, to meet the needs of supervision. And for the purpose of reducing exclusions, expanding the scope of accepting, the clarifications and specifying of the negative list of the scope is needed.