Research On Preventive Administrative Litigation

Traditional administrative litigation is a kind of afterwards relief system. In most cases, it can provide effective relief for litigants. But in some special situations, certain administrative actions or administrative factual actions would cause irretrievable Damage as soon as they form. At this time, the Traditional administrative litigation will lose the function of rights relief. In consideration of this loophole, some advanced legal states like Germany Japan and the United States had established the preventive administrative litigation with different characteristics in which litigants can prevent the occurring of administrative actions or administrative factual actions by litigation so that they can protect their legitimate interests and rights. The preventive administrative litigation was questioned by Separation of Powers, Ripeness doctrine and the premier decision of executive bureau, but they can not negate it completely. On the other hand, the defensive function of fundamental rights provides the right of claim for preventive administrative litigation. In abroad, the preventive administrative litigation not only had ample theoretical study, but also gathered precious judicial experience. However, in our country, the academic circles pay little attention to this subject and the legislation about this aspect is also in blank. The preventive administrative litigation is reasonable, although it is distinct. In this paper, I will discuss the legitimacy of preventive administrative litigation further and how to establish the system in our country in detail by comparing and referring extraterritorial experience, hoping being beneficial to the Administrative Litigation system of our country.