Administrative Proceedings Type Of Research

Using the thinking of formal logic and dialectical logic is continuing with typical characteristic factor which carries on sort research that mankind know basic method of world to sum up among numerous and complicated social phenomenon. In the field of law science of administrative litigation, the study on the administrative litigation type is a question ignored for a long time, and the application of the type theory is rarer. This text, through thinking of the type theory, constructs administrative litigation necessity and feasibility of type to build with method of type to probe into, and analyses phenomenon through comparative research and real example to the administrative litigation type , has put forward the concrete idea of the administrative litigation type of our country. The full text is divided into four parts, over 60,000 words altogether.First part, the writer have explained the theory that is regarded as law science method, which has introduced the concept of the type in the general meaning and in the philosophy meaning and explained the theory with legislation and meaning and function of administration of justice. Furthermore, the writher proves the theory contributes to the setting up scientific administrative litigation system of the method. The administrative litigation system of the type helps parties to exercise the right of telling and standardizing the administrative try; It helps to realize administrative litigation goal of " no right no relief "; economize judicial resources and promote the realization of the administrative litigation value. In addition, the application of the theory will strengthen the system of administrative litigation and scientific process effectively. So we can perfect the system of whole administrative litigation.Second part we first analyze the current prototype of the administrative. We think it has not been summed up, put in order and set up into the corresponding procedure according to the unified standard in administrative litigation type of our country. It is just in " reset condition ", secondly, analyze reason of the prototype, including the following aspects. The article has continued analyzing from two respects of theory and practice about the feasibility of administrative litigation type of our country. In theory, some administrative law scholars have carried on research about the administrative litigation type already, and reached some common understanding to the administrative litigation of ourcountry. Some countries have offered reference for us. The experience of Taiwan and Macao in our country is helpful to accumulate experience especially.The third part it is the construction of the administrative litigation type of our country. Under the guidance of type theory, the key element of structuring the administrative litigation type should consider the factors of influencing the administrative litigation type to establish first. The purpose of administrative litigation is a main factor to determine establishment of the administrative litigation type. In addition, right type protected, party's type, the party's claims, administrative kind, administrative characteristic, judge size and state of development of legal system of jury diction of dispute of behavior will influence the type of the administrative litigation establishment. Secondly, the division standard of the type is to structure another important problem that the administrative litigation type should be considered. The division standard of the administrative litigation type is unsuitable- to adopt the single standard, and should adopt the pluralistic standard. According to different standard, the administrative litigation type of our country can be divided into five groups. For summarizing doctrine n giving an example the doctrine alone prevent, and fetching the chief of the two, we should adopt illustrations to summarize the doctrine to the choice of standardizing the mode of the administrative litigation type too.The forth part, the author structures and cancels the lawsuit, confirms the lawsuit, and pays three kinds of basic lawsuit types of lawsuit especially, for their concept, nature, scope of application, important . document in the lawsuit, judgment forms and relation of three it carries. We have put forward public good administrative litigation, the idea of the literary composition construction of preventing the lawsuit, and the innovative construction, which carries out the lawsuit. The administrative litigation type does not immobilize, and it must be developing constantly with the demands of the times. In the article, the construction of the administrative litigation action is the innovative point. The administrative litigation type is the developing direction of the system of administrative litigation of our country.