Study Of China's Administrative Litigation Purposes

The administrative proceedings goal is refers to the main body to hope that realizes the value and the pursue result through the display administrative proceedings function wish. The administrative proceedings goal was deciding the administrative procedural law's concrete institutional arrangements, are deciding the administrative proceedings judicature practice style. The administrative proceedings goal research, is the administrative proceedings research foundation and the beginning.Regarding the administrative proceedings teleology's research, drafts "Administrative Procedural law" from the discussion has not stopped until now to this law implementation. The educational world is very rich regarding this question's viewpoint, some scholars advocate the Zhang Yiyuan teleology, some position dual teleology, but also some position multi-dimensional teleology; In Yuan teleologies also has such as the inspector general to discuss, the Uygur power to discuss, the maintenance administration authority to discuss, the solution dispute theory, and so on. And each viewpoint has the quite strict academic proof, also has its rationality, but also has many are worth place of the deepened. First, its research seals up generally, few utilization sociology of law method. Second, the majority deviations in the theory introduction and the substantive law stratification plane's analysis, are few to the administrative proceedings practice stratification plane's goal research. Third, generally for unidirectional the research, lacks the theory stratification plane, the legislative stratification plane and the judicial stratification plane interactive comparison. Fourth, its conclusion generally for transformation written law.This article uses investigation research techniques and so on methodology, comparison analysis method, statistics analysis method and case analytic method. Through the participation conference, puts on record to the court way investigation administrative proceedings and so on courtyard practice to put on record the situation; Through the comparison administrative proceedings scientific theory, the system and practice three stratification plane goals, analyzes its relations; Through counted from 1988 to 2007"the Chinese law yearbook"about the administrative proceedings various aspects particular data, the goal which the inspection administrative proceedings judicature practice pursued; Analyzes other national through an example the administrative proceedings goal theory to evolve, the achievement explains our country present situation reference.This article divides into five chapters, the first chapter for the administrative proceedings goal generalization, proposed that the administrative proceedings goal main body has polytropism, itself to have the hierarchical, between various levels goal has the nonuniformity. The second chapter for the administrative proceedings goal's scientific theory analysis, pointed out that error of the Yuan teleology, the administrative proceedings should be the multi-dimensional goal. The third chapter analysis legal regime stratification plane administrative proceedings goal, what our country administrative proceedings legal regime's legislative goal, principle of legality and concrete system pursue is one kind of multi-dimensional goal. The fourth chapter for judicature's in administrative proceedings goal, discovered that the judicial goal deviated the scientific theory and the legislative goal, the judicial practice"the Uygur power"and"the surveillance maintains the administration"the goal to realize not well,"harmonious"the goal most receives takes seriously. The fifth chapter for the conclusion and the suggestion, the administrative proceedings multi-dimensional goal has the inevitability, the judicial goal deviation legislation goal primary cause does not lie in the written law to have the flaw, the perfect written law has not brought legislative goal better realization. Must therefore realize the administrative proceedings Uygur power and the inspector general administration goal of truly, the non-revision written law can achieve, but needs to safeguard the court the independent status and molds person's legal belief and the knowledge structure.This article characteristic and the innovation place of have four: First, the methodology innovation, this article many utilizes the sociology of law method, the angle of view is more open. Second, takes the data analysis, takes in the judicial practice specially statistics analysis, through analyzes in 20 years the administrative case to accept the quantity, not to give accepting rate, the decision rate, the appeal rate, the appeal rate, each kind of decision form to be suitable rate and so on change rule, summarizes the administrative proceedings judicature practice goal demand. Third, proposed for the first time the administrative proceedings goal has multiagent multi-level, its should have the scientific theory goal, the legislative goal and the judicial goal three levels. Fourth, the conclusion has openness.