Study Of China's Administrative Limitation System

The procedure is the core of the litigation system, limitation of administrative litigation system, taking the threshold of administrative proceedings procedure, has the very vital significance to administration litigation law in our country. The limitation of administrative litigation system is the right that the law entrusts with the litigant, and now the majority country's in the world administrative litigation laws have carried on the stipulation to it, it being not only a theory question, more a practice question. At present, our country theorists and the practical realm have not given the enough value on it. Our country theory stratification is unclear to the limitation of administrative litigation system's rationale localization, which causes the present "Administrative Litigation law" to the limitation of administrative litigation system's legislation to be rougher and oversight, although it is difficulty for us to deal with the complex judicial practice after the Supreme People's Court two judicial interpretations. Therefore, we discuss the questions existing in our country limitation of administrative litigation system and carry on the profound analysis to it, simultaneously profit and absorb the successful experience of limitation of administrative litigation system from the Common Legal System country, the Mainland Legal System country as well as our country Taiwan area, which both are advantageous to our country administrative litigation effectiveness system and the reform consummation limitation of administrative litigation system unreasonable legislation, and is also advantageous to the instruction current judicature practice. This article plans to carry on the profound analysis to our country limitation of administrative litigation system and the content which contains to the limitation of administrative litigation system itself, establishes"the right relief theory"as the theory base of our country limitation of administrative litigation system. Finally we comb the flaw of the limitation of administrative litigation system, and base the absorption successful experience of territory outside of the administrative litigation effectiveness system, considering our country reality, and we propose that legislative suggestions of reforming and consummating our country limitation of administrative litigation system. This paper is totally divided into five parts. The first chapter is the introduction. Through"Liu Yanwen suing the Beijing University"to draw out the research question in the paper, then we introduce research value, the method, the primary coverage and the frame of the paper. The second chapter is the outline of limitation of administrative litigation system. In this chapter, we first introduce the historical evolution, concept, the characteristic, the related concept's discrimination, the classification of litigation effectiveness. Next, we carry on system analysis to the content, the value, the rationale of the limitation of administrative litigation system, which has built the solid foundation for its legislation's reform and the consummation. In the third chapter, we prepare to the territory outside limitation of administrative litigation system. We compare to the limitation of administrative litigation system of Common Legal System, the Mainland Legal System and our country Taiwan area's legislation and the judicial practice, which provide the beneficial experience to reform and consummate our country limitation of administrative litigation system. In the fourth chapter, we analysis the legislative present situation and the existing question of China's limitation of administrative litigation system. This chapter is divided into two parts, the first part emphatically introduces the legislation situation of China's limitation of administrative litigation system, and comb the related judicial interpretation; the latter part we emphatically analysis and reconsider to the extant question and the reason. The fifth chapter focus on reforming and consummating China's limitation of administrative litigation system. We firstly analyze the legislative pattern and the suitable principle of China's limitation of administrative litigation system, and then propose several legislative suggestions about reforming and consummating China's limitation of administrative litigation system.