Administrative Litigation

The administrative procedure category means according to plaintiff's solicitation, to classify administrative procedure that has the same inscape, the same hearing rules and fashion and the same kind of decisions, it is also called administrative procedure sort. To classifying administrative procedure is one of the common development tendencies of various countries' administrative proceedings system, it directly concerns the width and depth of the protection of plaintiffs in administrative procedure. To classify the administrative procedure is helpful to maintenance the citizen's right of suit practically and the advancement of administrativegovernment by law, thus it is the core issue in transforming the administrative proceedingssystem of a country. The administrative procedure category of our country is simple, and is not stipulated in law. So it does not favor the reasonable solution of administrative dispute, does not favor protect citizens' legitimate rights and interests and the social public interest omni-directionally, and does not favor the people's court to exercise the administrative judicial authority effectively; at the same time, the applicable scopes of some lawsuit types are extremely narrow, thus the lawsuit is not economy. Since a long time some scholars of our country take the decision form which determined by the administrative procedural law as the main standard in classifying administrative procedure, this procedure have made the logical error which confuses cause and effect, and also neglected the difference between the administrative procedure category and the sorts of administrative procedure decision. Scholars' researches on this issue often concern the present legal reality of our country, but lacks to ponder what the administrative procedure category should be. In view of the fact mentioned above, to reconstruct the administrative procedure category of our country become extremely essential. At the same time we may design the system logically to overcome the shortcoming of administrative procedure category. Therefore, reconstructs the administrative procedure category of our country is also feasible. When revising the Administrative Procedure Law of our country, the administrative procedure category should be stipulated explicitly, and in order to avoid impairing protection of citizens' rights due to incomplete enumeration and to maintenance the openness of administrative procedure category, the normal pattern of the administrative proceedings mode in China had better adopt the instantiation method rather than the enumeration method. When classifying the administrative...