Administrative Awards Lawsuit Research

It was not fresh to Administrative rewards, and ancient has. Rewards farming, on the south pillar etc for many historical phenomenon known to americans. In order to from administrative welfare administration, administrative service transformation in the new period, a large number of administrative rewards emerge. This new kind of administrative management mode for implementing socialist legal ideology, constructing the harmonious society provides a new visual Angle. Facing the rich administrative rewards, sundry administrative awards dispute also caused. Compared to appeal and complaint, reconsideration relief means, such as administrative litigation to resolve administrative dispute with final reward sexual, neutrality aspects of natural advantage. But China's administrative award still exist prior legal control does not reach the designated position, afterwards imperfect legal remedy. Given by administrative award the counterpart with the relief, especially for legal rights by administrative reward behavior damage the counterpart with the relief is a more important significance. Can only improve administrative awards of administrative litigation system can truly establish effective administrative awards relief system, also can give full play of this new administration way role.This paper is divided into five parts.Preface emphasizes the tendency and significance of adminisistrat parts, the first part of the basic theory of administrative awards suiside. litigation is discussed. Facing the moral-all of administrative awards behavior, this section are talking about the importance of the administrative reward behavior definition and nature of law, further reveal even benefit-granting sexual behavior also can appear administrative relative risk of rights and interests are infringed upon, especially in cash trusty interest protection and public interest maintenance and rule of law of administrative value of the horizon, relief for infringement by rights administrative awards anomie is necessary. In comparison with the complaint and appeal and the administrative reconsideration etc relief way, administrative litigation of settling disputes finally polarity, neutrality advantages are made manifest, become law perfect key object. The second part, in examining the administrative awards practice operation after the typical cases, summarizes the administrative awards omission, abuse of discretion, administrative awards Noel is only, violated the administrative awards program and other typical problems of administrative litigation and reward the dilemma facing the make of oligochitosan, around the administrative awards basis of judicial review, and the burden, public interest litigation, national compensation problems such as the summary and analysis. The third part of foreignfiction relief mode, comparative analysis of Anglo-American law system of judicial review mode and continental pattern in the fourth part of litigation relief for how to perfect the administrative awards litigation of its recommendations. Including administrative awards which is the basis of the normative documents review, introducing the administrative awards pil, reasonable distribution of the burden of administrative awards litigation, national compensation, perfect the administrative awards sentence form etc.