On The Administrative Litigation System Is Less Than Perfect

The core principle of the constitutional government is to ensure that state power can satisfy the people's will and interests.Experience shows the fulfilment of constitutionism relies on the reasonable distribution and proper balance of state power.Marbury v. Madison case sets an eternal proposition that oversteps the national boundary. To practise constitution and fulfil constitutionism,we must establish a judicial reviewing system of a certain form. In our country, the administration litigation system gives the jndicial organs the power to inspect the administration organizations by law. This is an Important equilibrium mechanism between atate powers. Different from other social regulative mechanism, It functions not only to dispel the contradictions and dissolve the conflicts, but also embody its constitutional value. There is a great distinction in our country between the adminstration litigation system and the judicial reviewing system in the academic and theoretial sense. It is rooted in the Chinese history, culture and tridition, was born in the special historic developing stage, and has played an important role in the modernization and civilization of the Chinese culture. However, with the development of society, this system and its function can no longer adapt to the development of democracy and the marketing economy. Many problems related to this system, which need to be soloved uegently, can't be settled down by some small partial adjustments. The solution lies in the designing of the whole system. As part of the state power, installation of the judicial power is closely related to the adjustment of the power structure. Whaterver way we may adopt, we must take into consideration history and the present condition as well as the negative effect and must keep the balance of every kind of elements.The writer doesn't favor entire transplantation or the small action like "moving the furniture position", but suggests choosing one of the fields of the judicial system from inside the political system, that is the administration litigation system as a breakthough and reconstruct it to advance the refrom of ralated systems.first, by talking about the curent, widely existant judicial reviewing system from the angle of constitutionism, the writer examines and probes into the property, function, blemish and the improvement of the current Chinese Administration Litigation system. Through research into the judicial reviewing systems of the nations with common traditional Legal systems, the writer finds our administration litigationis very different, but obviously its property belongs to that of the judicial reviewing. By analysis and comparison, the writer points out preliminarily the demarcation line and the inner link between our adminstration litigation system and judicial reviewing system because judicial reviewing system is the basic system of the modern democratic and constitutinal government, and the establishment and development of administration litigation system are closely related to the construction process, the writer proceads to dealing with the relationship between the administration Litigation sistem and the requirement of establishing governments ruled by law, the guarantee of promoting human rights and development of constitutional culture, and then expounds that the research into administration Litigation system shoud be based on constitutionism. At present, political structure reform has become a hot and difficault issue in social life, And the judicial system and administration litigation system are the important part and focus of it. The writer analyzes breifly the special function of the court and administration litigation system in the whole political system and maintains the adeministration litigation system reform shoud be chosen as a breakthrough and cut-in poit of our national political system reform. Considering the current condition, the writer continues to analyze and evaluate the present condition of the administration litigation system and then explain the necessity of the administration litigation system reform.Second, the writer analyzes some concrete problems in the current administration litigation system, talking about the position of judical power in the fulfilment. Then he points out the function of constitutionism is becoming weaker and weaker and it can no longer meet the need of social development. This realistic need gives a social impetus to the reform of administration litigation system.Last, based on the first two parts, the writer explains once again the necessity of reform and puts forward principles, targets and problems worthy to be noticed in the reform.Aiming at the objectives discussed above, the writer puts forward a concrete system design from 11 aspects.