On The Modification Of The Scope Of Accepting The New Administrative Procedure Law

The scope of accepting cases in administrative litigation is to point to court accepts the scope of administrative litigation, means that whether cases can be accepted by court, whether administrative activities can be reviewed by court. Administrative litigation starts from its scope of accepting cases, which is the focus of discussion and the center of dispute in the field of administrative litigation. The scope of accepting cases in administrative litigation also has all kinds of values of administrative litigation, reflecting the purpose of administrative litigation and the balance of civil right, executive power and judicial power. In addition, the scope of accepting cases in administrative litigation is affected by the fact of consciousness of civil right. And now, the presumption of reviewability should instead of inappropriate principle. Otherwise, the scope of accepting cases in administrative litigation has its own legislation model, such as generalized mode, samples mode and combined mode. New administrative law had not amended the legislation model, but we should draw lessons from most popular and mature legislation model of other advanced countries. Part of abstract administrative act is also a key problem, its scope of reviewability impact on the scope of accepting cases in administrative litigation, its form of review impact on the judicial fairness, its result of review impact on the right of administrative counterpart, so it is necessary to demonstrate this problem. And the internal administrative actions and the final administrative actions also are discussed in this dissertation.The author took advantage of research method below:First, literature research method. The author collected a great deal of literatures which had been pressed by predecessors, and the author acquired most useful materials. Basing on analyzing these materials such as expert proposal in the process of amendment of administrative law, the author formed own opinions. Second, historical research method. The author researched on the historical development phases in resent 3 decades including historical background, the process of the scope of accepting cases in administrative legislation, the reformation and innovation of the scope of accepting cases in administrative litigation. Third, comparative research method. The author drew on the judicial experience of advanced countries by comparing domestic law with foreign law.The dissertation is divided into four chapter:Chapter one introduces the theory of the scope of accepting cases in administrative litigation. Chapter two illustrates the development of the scope of accepting cases in administrative litigation in resent 3 decades, and its scope is increasingly larger. Chapter three analyzes the amendment of the scope of accepting cases in new administrative law, and discusses its limitation. Chapter four based on the limitation of the scope of accepting cases in administrative litigation, and raises the ideas concerning its principle, legislation model and the review of part of abstract administrative actions in order to perfect it.