.1928-1949: Nanjing National Government Administrative Litigation System Established And Implemented

As an unprecedented legal system,there is an uneven process of administrative procedure law system being integrated into China.It first appeared as an ideological existence in the last years of the Qing Dynasty. It was put into practice during the rein of the Bei Yang Republic of China and identified the basic pattens during the Nanjing Republic of China, experiencing many hardships in the process of integrating with the local culture.Administrative procedure law with modern meanings dates back to the Bei Yang Republic of China.However,because the Bei Yang Republic of China did not last for long and there were many unreasonable factors in it,it was only a start of China's administrative procedure law system.After the collapse of the Bei Yang Republic of China,the Nanjing Republic of China founded in 1928 enacted a series of laws concerning administrative procedure law system in 1932.Administrative procedure law of 1932 marks the formal establishment of system during the rein of the Nanjing Republic of China.The essay focuses on Administrative procedure law of the Nanjing Republic of China following the Bei Yang Republic of China.The reasons for selecting Administrative procedure law of this period as a research theme are as follows:1.China was basically united and the society was comparatively stable.It was possible to popularize Administrative procedure law around the country during the rein of Nanjing Republic of China.2.It was a long period compared with the Bei Yang Republic of China when Administrative procedure law was stably practiced.3.There was little research on the period in the Academic circle and few works elaborating on Administrative procedure law during the rein of the Nanjing Republic of China.4.The characteristics of administrative procedure law determine the basic development of the current administrative procedure law in Taiwan.It is expected that the research on it can provide some references for the current Administrative procedure law in mainland China.The whole essay is elaborated in four parts except the forewords:First,the introduction of Administrative procedure law during the rein of Nanjing Republic of China.It includes the basis and legal origin.1. There are two theory bases:Five-power constitution theory and Administrative trial judicature principle.2.The issue of Administrative procedure law marks the formal establishment of administrative litigation system during the rein of Nanjing Republic of China.3.The details on the basic content of the administrative litigation system:the application of the related concepts of Administrative Law on administrative litigation system;specific forms of organization of Administrative Court;the nature of administrative litigation system;administrative proceedings party system;administrative litigation procedure;the enforcement of sentences of administrative proceedings;administrative proceedings collateral damage compensation system;administrative litigation retrial system;administrative case system;administrative appeals system.It is not a simple piling of materials but an elaboration based on the specific articles of the relevant laws and regulations,the opinions of the scholars of the administration law and my own understandings.Second,making an introduction of the Nanjing government administrative proceedings from the statistics of the Administrative Court and two specific cases.Drawing my own conclusions through a statistical study on the jurisprudence of "compilation of the administrative court judgment" compiled by the Administrative Court:1.Administrative procedure law was successfully practiced in society and began to get the recognition of the mass.2.The specialization standard was greatly improved.3.The implementation of administrative proceedings incidental damages system was not ideal.4.The ruling by the Administrative Court was relatively conservative with strict control.5. Administrative Court applied the less change on the verdict,but to expand revoke the decision demonstrated that judicial power have a stronger supervisory role to the executive power.6.The administrative procedure law have stronger awareness of preserving their rights in the field of economic activity compared with other fields.Third,the legal analysis of some typical.The essay tries to depict the implementation of Administrative procedure law in real life by the analysis of cases. Fourth,the characteristics of Administrative procedure law of the Nanjing Republic of China and the analysis of the references they provide for China's current Administrative procedure law.The conclusions are as follows:1.China's country compensates system may date back to Administrative procedure law of Nanjing government.2.China's administrative case system originated in the administrative litigation system during the Nanjing government.3.Administrative procedure law is gradually recognized by the public.4.The level of Administrative procedure law is comparably highly specialized.The references for China's current Administrative procedure law:1.the references for the implementation of judgment.2.the references for the generalizations mode for Administrative procedure law.3,the references of the independent position of the administrative judicial organization and professional demand for the jurors.4.the references of administrative case system.