On The Value Of China 's Administrative Litigation System

The system of administrative litigation has been the academic attentions, also been an important means of administrative law restricting the public power and the protection of the private interests. Administrative litigation system plays an important role in the administrative law theory research and practical application, the system of administrative litigation value should occupy a more important position, because the system value is the upper concept and the guidance beacon of system running. In 2014 the "administrative procedure law", after 24 years, is modified so that the administrative litigation system of China turn complete. But the pity is for the study of the administrative litigation system of value has not been put in an important position and has not made a great breakthrough. The system Chinese administrative litigation from the new Chinese founding has been established, in a different state exists in various historical periods of Chinese, display a different value; but to study the system of the Chinese values of administrative litigation has lagged behind the existence of the system. Started in the "administrative procedure law" enacted, only 20 years history, in the development of this two years, will be the early administrative litigation system into the categories of administrative law makes its value, the formation of management theory, theory of control right and the balance of the basic value theory, but there will be studied China administrative litigation system as a single object; in recent years, the legal profession attention again the value system from the establishment of administrative litigation system, China purpose and significance angle, thinking about the internal functions of the system, the formation of the "viewpoint of value supervision, support and protection" as the content, the idea is actually on the establishment of administrative litigation law China s, no above content of administrative procedure law, stay at the functional level. Think Marx jurisprudence theory method to represent the social theory, the law is based on social, economic and other social factors is the basis of the development of the legal system. Therefore, it is necessary from the aspect of social demand will China administrative litigation system and its value as a separate object of investigation. With the hope of providing guidance for the legislation of administrative legitimacy and administrative litigation system to better safeguard the legitimate rights and interests of the masses in reality.This paper mainly uses literature search method, historical analysis and comparative analysis and other research methods, based on the theory of administrative law and the judicial practice results, using the method of Sociology in particular interest law and Marx’s law theory,on our country administrative litigation system for more detailed examination and analysis.This essay is divided into five parts:The first part, based on related literature review and previous related research results, from the value research necessity of the administrative litigation system, the value research relativity of the administrative litigation system, the value research innovation of the administrative litigation system, the system of administrative litigation value research method and other aspects, illustrates and analyzes administrative litigation system.The second part, from three angles of national subject, social individual and trial subject analyzes that system of administrative litigation of our country relative to different subjects has different values. This part also expounds the special value of the system of administrative litigation of our country by comparing with social relations, various basic values and secondary values involved in civil litigation, criminal litigation system, and positions the fundamental value of the system of administrative litigation of our country as follows: the basic value of judicial review system is to meet the need of the social individuals to prevent individual interests from transferring to the public interests set by the illegal beneficial behavior; the basic value of delimiting interest system is to meet the need of obtaining the legitimate interests of the social individual or reducing their outflow.The third part, from the historical perspective from the early years of new China to 2014 amendment of administrative litigation law during the administrative litigation system of value in the development evolution of our country, found that the administrative law, administrative legal system and economic system and policy are closely related, can be said that the former is the latter in the field of administrative law to reflect or product. Our country administrative litigation system in different stages of social, political and economic basis for system depends on different factors, system components are also different, showing a different state. Social needs decide the existence of the system, the demand of the society to change the system and the degree of elements of composition, determine the system’s function, to meet the demand of social main body demand for change.The fourth part, from the practical perspective, analyzes the social factors that influence the realization of the value of the system of administrative litigation. Since new China was established, the realization of the system of administrative litigation value seriously affected the administrative legislation, administrative organs, mass awareness and attitude court of administrative litigation system of the administrative litigation practice and many other social factors, and in practice, thus affecting the administrative litigation system of social effect.The fifth part, introduces the types of administrative litigation system in the administrative litigation system of value, value of the function orientation of basic, and from three aspects of legislation, law enforcement and judicial probes into the ways to realize the values of administrative litigation.Finally it is pointed out in the conclusion part that the system of administrative litigation in administrative litigation law after improvement still has huge space for further improvement in administrative litigation practice, far too achieve the basic purpose of the system, the effects of its practice from the anticipation of people there is still a long distance. To evaluate the value of administrative litigation system objectively, we not only object to the value of its symbolic significance, but also focus on its practical value and from the ecological angle measure its bearing capacity. We shouldn’t underestimated or even obliterate the symbolic meaning, value and significance only because of a system does not produce the expected effect and also not give a system a mission to load unlimitedly.