A Study On The Registration System Of Administrative Litigation

The newly revised 《Administrative Litigation Law》 has been officially implemented since May 1,2015, this amendment is the first revision of the 《Administrative Litigation Law》 since its establishment in 1989, which has received extensive attention.The newly revised 《Administrative Litigation Law》 has changed the filing examination system into registration system,lowered the threshold of prosecution,makes the right of the people of the prosecution can be fully protected.This article is based on the protection of the right of action to study the administrative litigation in the case of the registration system, in order to explore whether the right to register under the system of registration of right to be able to achieve legislative expectations, what problems exist, and how to improve.This paper is divided into four chapters,the first chapter "registration system and protect the right of action" with the classic case of administrative litigation of leads to the concept of registration system, through the analysis of the right of definition, form, content, historical evolution and administrative suit specific content to illustrate the registration system can play a role in guaranteeing the right of litigants.The second chapter is "the necessity to protect the right of action in administrative litigation",in judicial practice, some courts have not put enough attention into administrative litigation cases, on the one hand is due to the court of human, financial and material resources are currently attached to the local government, extent led to the "local justice, the court is not willing to did not dare to offend the local administrative organs.On the other hand, the prosecution of administrative litigation rate is extremely low, administrative litigation cases accounted for the proportion of the court all litigation cases is very small, the part of the court lack of professionals in administrative litigation cases to host.In addition to our country’s administrative litigation for a long time to use the filing examination system,the court’s prosecution of the parties is a substantive examination,this is quite the case of the substantive hearing in advance to the stage of filing,those which do not meet the statutory requirements of the prosecution will not be accepted even directly without any treatment,lead to the difficult of registration.From a legal point of view analysis, concept of censorship of accreditation, confusing the party’s right of prosecution and the right to win a lawsuit, the parties to the court filed a lawsuit, exercise at this point is right of prosecution rights, as a matter of the litigation request can get the support that can win, should be to the substantive trial stage again as determined. The second chapter is to explain the necessity of the legislation of the right of the right of appeal to the protection of the right of appeal.The third chapter is the analysis and understanding of the newly revised 《Administrative Litigation Law》 on the specific provisions of the registration system.The last part is through the previous research to explore the registration system and the existing problems and the solution to the problem.In the course of the study, the author mainly used:①literature analysis method,focus on the collection, sorting out the relevant research theory and practice at home and abroad.②comparative research methods,the specific system design of administrative litigation case filing in the representative countries of the two legal systems is analyzed and compared with the protection of the right of action and the filing system of our country. ③historical research method,study the development of administrative litigation system at home and abroad, summarize the development mode.After research, the author believes that the implementation of the registration system may have the following problems:① A surge in the number of cases of administrative litigation.②Part of the malicious litigation, abuse of rights. ③The formal examination of the registration system is not really effective.④ In the newly revised 《Administrative Litigation Law)),there is no explicit provisions on the specific content of the form of registration, in addition to the right to exercise the right to remedy the right remedy there are some loopholes in the legislation.In order to improve the registration system of administrative litigation, here’s the suggestions:①The filing department set up a special staff to guide the case, in order to facilitate the parties to improve the efficiency of work. ②The relief mechanism of the filing system to the right of action of the parties. ③The implementation of diversified dispute resolution mechanism.④Establish a case hearing screening mechanism, in accordance with the nature of the specific cases of classification, improve the efficiency of dispute resolution. ⑤Clear the prosecution of the conditions of the review of standards, improve the formal review of the specific content.⑥Improve the level of administrative adjudication, strengthen the professional quality training of judicial personnel in administrative litigation cases. ⑦The establishment of sanctions against malicious litigation mechanism, to prevent the occurrence of malicious litigation, abuse of rights of action.