A Study On Administrative Litigation System In China

"The Administrative Procedure Law of the People's Republic of China" are established on Octost 1st in ninteenty forty-five. which is a milestone in the history of our democracy and legal system. The rule of law in our country marks the epoch-making significance in the history of our government management practices from the "rule of man" to "the rule of law." The administrative dispute unresolved, long-term accumulation of the amount of people will inevitably lead to resentment and even resistance to the executive authorities, and may lead to violent means to overthrow the government. Therefore, we must establish an effective dispute prevention, dispute resolution mechanism for the exercise of state administrative organs of executive power to implement a full range of close supervision. Looking back on the establishment of China's history of administrative litigation system, one can't overlook the fact that the law in the realization of the rule of law and building a socialist country ruled by law and building a harmonious society has an indispensable and important position and role, it protects the citizens, Legal persons and the legitimate interests of other social organizations, maintain and monitor the executive branch shall exercise administrative power, and resolve a number of administrative disputes, rationalize the mood of the masses. Most importantly, it makes all Chinese people know how to:"power" must obey the law.But with the rapid development of administrative law, In order to better protect the citizens, legal persons and other organizations of the legitimate rights and interests, maintain and monitor the executive authority according to law, Administrative litigation system is also faced with playa greater role with time changed. Because of the factors such as lack of system, the concept of hysteresis,etc make the present administrative proceedings, there are some obstacles factors. It is one of important issues in the current China's Administrative Litigation to analyze the reason why we are in such a predicament and find out the solutions to ensure its sound developmentand also the development needs of the times.To solve these problems, we try to put forward the following measures: First, to improve judicial system, by expanding the scope of accepting cases, the introduction of a limited mediation, the provisions governing administrative litigation reform; Second, related to reform the judicial system to ensure the independence of justice, ensure judicial fairness, the legitimate use of administrative discretion; Finally, starting from the transformation of government functions, reduce the "Report by the people" of the probability. Through these measures to improve our administrative proceedings, to protect the legitimate rights and interests of citizens effective and timely protection. This study can be made in administrative litigation in the theoretical and practical further development, thus more effective protection of the legitimate rights and interests of the masses, and promote social equity and justice and the long-term stability.