On The Construction Of Types Of Administrative Litigation System In Our Country

China's "Administrative Procedure Law," Article 1: To ensure that the people's courts correct, timely hearing administrative cases, the protection of citizens, legal persons and other organizations of the legitimate rights and interests, and supervision of the executive and the exercise of administrative functions according to law, enacted in accordance with the Constitution Act. This shows that China's administrative proceedings fundamental purpose is the protection of citizens, legal persons and other organizations of the legitimate rights and interests. Administrative litigation system is perfect the system of administrative proceedings related to China's purpose is to be fully reflected, and the reality of the rights of citizens to protect. The people's expectations under the authority of judges to judge the dispute be resolved, the judge made the decision must be based on reasonable and objective on the basis of facts and norms. However, as the scope of the expansion and the expansion of the powers of the administration, administrative disputes complicated and varied, and how to respond? Shaping events and identify the types of elements typical of the type of analysis has given us an important lesson that the types of administrative litigation system building.For the study of the type of proceedings, Western countries theory and practice has been quite mature. Common law countries as early as the 12th, 13th century there has been litigation against the plaintiffs request to take corresponding actions form the seeds of a warrant system, after several centuries of constant change, even more perfect form of litigation. Civil law countries, from the doctrinal study some type of litigation, such as France, both in accordance with the classification of the traditional method of classification types of administrative proceedings, but also in keeping with the development of new types of administrative litigation division. Germany not only theoretical research fruitful, and its enactments are clearly defined types of litigation. Although Japan uphold Germany administrative proceedings types of theories, but there is no lack innovation, its administrative procedural law cases under Kokoku litigation, the parties litigation, litigation and public agencies in the litigation, litigation and the parties litigation organs can be said to be its own characteristics. China's Taiwan region in 1998 amended the "Administrative Procedure Law," provides for revocation of litigation, class obligations to the litigation, general litigation and payment confirmation proceedings, and other types of litigation.In recent years, more and more scholars in the construction of China's Administrative Litigation types of issues to carry out research to Xue Gangling, Ma Huaide, represented by some scholars in the administrative proceedings of the type taken on the road of a large Step. It should be said that scholars in China to the type of administrative proceedings of the development of awareness is the same, they all think that the proceedings of both types of administrative proceedings countries in the world to the development trend of China's administrative litigation system is the direction of the reform. Moreover, the Supreme People's Court and the District Court had more or less on the administrative proceedings conducted some type of problem to the judiciary. All this shows, whether it is academics, or judicial workers, have been recognized by the types of administrative proceedings in the protection of rights and interests of the parties to achieve the purpose of litigation, administrative proceedings reflects the type of urgent needs. However, in specific on the issue of how to build, did not form a unified understanding, building standards have not a clear understanding of cause various types of standards based on different types of litigation mess spelled. The author is based on this point, based on a uniform standard, to the type of administrative proceedings should be straightened out and thinking, clearly the type of litigation and administrative litigation type of the relationship between grasp several of the basic types of litigation prosecution, adjudication type issues on the basis of further discussion categories of "special type of litigation," the decision to construct a comprehensive dynamic in the type of administrative litigation system to achieve better proceedings purpose for the realization of China's administrative proceedings types of contributing.