Research The Administrative Lawsuits Judicial Proposal System In China

Along with the rapid development of economy in China, the social civilizationprogress, the public equity and justice needs more intense. In the judicialadministrative litigation field, because China’s political system of the dominantposition and administrative statute law system of the inherent defect, official and"between administrative disputes through the traditional judicial mode dissolvedifficulty bigger, carelessly a bit may even trigger a serious group incidents, affectsthe social harmony and stability. In the face of such the reality of the situation, in"move judicial" concept, under the guidance of local characteristic extremely judicialmode of judicial system in China is suggested in the trial court system administrativelawsuit to promote and actively push.The author in this paper from the administrative lawsuit system of judicialproposal production history of reason and the current problems in the operation of therelated question. Expounds the administrative lawsuit system of judicial proposal thedefinition, features and principle of basic legal elements. Discusses the administrativelawsuit system of judicial proposal from new China was founded to present thedevelopment course of hard and twists and turns. Analyzed the judicial opinions in thecurrent system in our administration litigation reflects the optimization of thesupervision of the administrative power and judicial power efficient resolve administrative disputes, improve the people’s court in the public of credibility, andpromote the construction of the rule of the four aspects of great value. Is legal scienceand judicial practice more fierce debate of the people’s court in the administrativelawsuit of a judicial proposal is enforced or the force legal effect problem is analyzed,think its shall, through the operation process of strict sent, feedback and supervisionprocedure to ensure and has the "weak force". According to the administrativelitigation process to the type of judicial proposal, the classification in critical trialbefore the start of the judicial administrative dispute resolve to send Suggestions onthe basis of the trial of the program, which is divided into contributed to the defendantto change the specific administrative act judicial opinions and trial after the end of thereferee executive urged judicial proposal, the case of judicial proposal typesupplement, comprehensive judicial opinions "white paper".Through the above all, in administrative litigation to the judicial proposal in asystem a comprehensive understanding of the premise. The author is theadministrative lawsuit system currently judicial proposal the practice of the status quoperfect relevant legal provisions, strengthen the relevant security system construction,promoting the construction of the judges of the professional and strengthen thepublicity system five aspects of Suggestions. In order to improve the administrativelawsuit system of judicial proposal the content of the operation efficiency and quality,in order to realize the multiple administrative dispute resolution mechanism is one ofthe important ways to extinguish the inferno, case ", and maintenance of fairness andjustice public has power, the purpose of promoting social harmony and stability.