Build. Of The Administrative Court In The Chinese Capital

The separate administrative court system originated in France, then been widely sought and continuously improved by Germany, Italy, Belgium, Switzerland and other civil law countries. As an integral part of the system, it fully embodies the "separation of powers," promotes the realization of independence of the judiciary, and plays a power to control the protection of human rights and judicial specialized functions. For other state administration reform and improvement, the judicial system has an important reference value.Purposes of this article is through study abroad, learn administrative court system, combined with the status quo in China's administrative judicial system, to build the administrative court system with Chinese characteristics. I use comparative research methods, historical research methods and literature research methods and so on, in-depth study of the evolution of foreign Administrative Court and the mode selection process, learn from successful experiences for our own use; The same time, the status quo of China's administrative judicial system and problems of the study also conducted a detailed analysis of the administrative court system in China has established the necessity and feasibility. On this basis, the author proposed the establishment of China's administrative court system, concrete ideas. Through an independent administrative court the exercise of administrative jurisdiction and social security cases are timely, impartial and professional trial, thereby contributing to the realization of administration according to law, to citizens, legal persons and other organizations the right to provide a solid legal protection.The establishment of administrative court system in our country must adhere to our national conditions, and at the same time drawing on the developed experience and practices of civil law countries. Council of State Supreme People's Court in nature, should be subordinate to the national judicial organs, the original people's court shall exercise the functions of the administrative trial, all transferred to the administrative Court to exercise. Abolition of courts at various levels within the administrative court, other business related to the trial court and administrative cases, the functions are also abolished. The independent exercise of administrative jurisdiction of the Council of State to participate in the exercise of state judicial power, free from other state organs, organizations and individuals from interfering with, in addition to other Supreme People's Court .Administrative Court's task is to follow the procedures correctly applicable law, the trial and adjudication of administrative cases. Administrative Court only accepts higher levels of operational guidance, completely independent of the local courts and local authority.