Study Of The Administrative Judicial Organization And Litigation Jurisdiction

《The administrative procedural law》 promulgate from 1989 and carry into effect in 1990 in China. It has obtained the very big result in protecting the civil right inspecting the administrative organization and promoting the raise of the administrative level and the civil consciousness of law. But the implement of the administrative procedural law in 16 years meets mangy antinomies, result and problems are together, motive and resistance are coexistent. The place of the judicatory turn, the administration turn, make the organization of the administrative trial under the yoke of local government; that the establishment of the organization of the administrative trial doesn't match the professional characteristics of the administrative litigation may bring difficulty for fair administrative judicature; the unreasonable system of administrative litigation jurisdiction makes the pre-eminent position of the administrative organization to turn worse; these aspects make the system design of the law and the actual movement of the actualities present the bigger margin, the candor of the administrative judgment is subjected to the rigorous challenge. For solving the antinomy between people's increasingly increase need and opposite behind judicial function, in the last 16 years, the Chinese court surrounds the target of candor and efficiency, following the objective regulation of the judicial development, carrying on a series of reform. The chairman of the organization committee of china in the 22 law conference of the world in 2005, Supreme People's Court director, chief justice, the Xiaoyang thought that the administrative litigation guarantee civil right to be free from the illegal violate of administrative organization, promote the administrative...