Administrative Protest System

In the administrative litigations, the administrative power usually has a strong effect on the court decisions. Therefore, strengthening the constraint of administrative trial, has become a urgent requirement. There is no doubt that the administrative protest system is the best mode of supervision. Because, the administrative protest is one of the most important ways and means in the supervision of the trial.In some respects ,such as the conditions of supervision,monitoring procedures, as well as the effect of constraints and so on, the administrative protest is different from other forms of supervision. For example,the administrative protest system can adapts to the historical and cultural traditions of China's justice, protects the trials of the court from the intervention of external pressure, and saves the cost of the parties'litigation,ensures the parties'equality, then maintains the public interests ...... In short, theadministrative protest system has the absolute reality and necessity.However, with the development in Chinese economy, with the change in the condition of our country,with the change in our legal concept,the administrative protest system needs to be improved. For example, the current Administrative Ligitation law limits the appeal right of the procuratorates to the trial supervision procedures, not meet the current needs of social development; The administrative protest process was too simple.Regarding the administrative protest procedures, the Administrative Ligitation Law is not specific, it is lack of specific procedures for the operation.Then, it impacts on the specific operation of the administrative protest cases; There are other defects in the administrative protest system,such as paying attention to physical examinations,contempting procedural examinations and so on.So, I think that the administrative protest system should be perfected from the following aspects: First of all, we should increase protest scope of the administrative protest procedures, and effectively expand the administrative protest system; In the second, we should pay attention to both physical examinations and procedural examinations to ensure the legitimate rights of the parties; Thirdly,we should hold on judging and protesting at the same level, the power of the administrative protest in the appeal procedure should be given to the procuratorate at the same level,and the power of the administrative protest in the trial supervision procedure should be given to the Supreme Procuratorate and the superior procuratorates; Finally, with regard to the trial time limit of the administrative protest, I think that should be based on the actual situation of our country, the parties can apply to protest at any time if it is during the protest's time, the deadline to apply for administrative protest should be set at 2 years if the administrative decision has been in force. In addition, we must increase the supervising of the protest consequences and the implementation ,in order to eliminate the phenomenon of injustice and establish the true authority of the justice.