Administrative Litigation System Of The Republic Of China Research

Owing to the underdeveloprnent of commodity economy and all the negative factors existing in traditional Chinese legal system. administrative proceedings did not appear in ancient China. The earliest attempt of setting up the administrative proceeding system started in the preliminary period of constitutionality at the end of Qing Dynasty.Yet the earliest law of AP appeared at the beginning of the Republic of China. The Law of Administrative Proceedings is the first formal law of AP in China. The establishment of the first law of AP in Republic of China resulted from three elements. The first was the transformation and reformation of the AP system on the European Continent. The second was the influence of Sun Zhongshan抯 idea of the democratic rights. The third was the outstanding contribution of the Temporary Law of the Republic of China. The above-mentioned elements also decided the content and change of the A? in that period. The period of the Northern Warlords Government witnessed the formal setting up of the AP system in China. The main contents of the AP system in that period included the following things the general regularities of the scope of taking up AP cases; the department called Pingyiyuan which takes care of the A? cases and the impeachment cases; cases heard in public; using challenge system, collegiate system and law-agent system; loose limitation system; decision after the first instance; irrevocable indictment; the administrative sanction unaffected by the indictment; judgment by the President抯 decision; on-the-spot trial; mainly court hearing, etc. So far as the conTents are concerned, the A? at that time had some advanced aspects as well as some shortcomings. Yet anyhow, the system of AP established then could be regarded as a milestone in Chinese legislative construction. The AP system of Nan King Republic government was a development and progress on the basis of the above-mentioned period. It became more completed. For example, the administrative court was set up to accept and hear the cases, (so it became more administrative); Complete procedures were formed and payment was asked for the cases. The two periods mentioned are continual in historical development. There are differences and similarities between them. The similarities are: both are trials of the request; both use Law of Civil Procedures; both have first instance only; the carrying-out of the result both relies on administrative forces. The differences are different purposes, different departments to accept the cases, to trial again or not, the way of trial, irrevocable or not, on-the-spot trial or not, etc.