Study On The Germany Administrative Court System

Germany is one of the origin of modern administrative law and administrative court system. Based on its own national conditions and understanding of separation of powers, Germany adheres to the tradition and practice of the state of administration on the restriction of administrative rights, which is different from the France. Accordingly, Germany establishes an independent administrative court system, which successful realize the effective supervision and legal control of administrative power.Based on its unique social and historical conditions, Germany formed its own administrative court system. The first is Germany administrative courts. Germany administrative courts have their own organization system. There are three brances of administrative court in the whole Germany. And these courts are independent of each other and equal in bank, and have their own jurisdictions. The second is that the administrative courts belong to the judicial system, and an external third party independed the executive can be successfully realize the effective supervision of administrative rights. The third is its independent and professional administrative judge system. The selection of Germany administrative judge has strict legal process, an formally appointed administrative judge must have management skills and the knowledge of law. The forth is the public representative system. Germany attaches great importance to the protection of the public interest. Under Administrative Court Act, the public prosecutor on behalf of the public interest can institute a public prosecution in a related case.The unique system of Germany administrative court not only enriches the theory of the world administrative law, but also gives other countries a model that might be studied. To fully explore the unique resources and advantage, especially the development and evolution of Germany administrative court system, this paper by adopting the method of literature study and comparative study, starts from Germany specific social and historical conditions, ideological conditions and legal bases and so on.Then I explain in detail the basic contents of the Germany administrative court system and discuss its position, contributions and historical evaluation. By in-depth analysing the essence of this system, this paper reveals the concept and the law of administrative court system to explore the road of Germany administrative law and provide us some useful reference. In addition to the introduction, there are four parts in this paper.The first part mainly explains the historical conditions of the Germany administrative courts. To explore the root of the establishment of administrative court in Germany, I interprete the historical conditions of German administrative court from a historical perspective. Any a kind of social system is not imaginary, but produced under all kinds of historical conditions. There are four conditions, which is social historical conditions, ideological conditions, legal basis and the theories of the jurists, lead to the generation of Germany administrative court.In the secend part, I mainly discussed in detail various stages of the Germany administrative court.The development of Germany administrative court experienced three main stages, they are the initial stage, development stage and modernization. In the initial stage, imperial court was seted up, administration and judicature began to separate, but they do not comply with the requirements of the modern administrative court. In the development stage, Germany has set up two or three brances of administrative court system. Hower these achievements have become dictator’s tools in the Nazi period. After world war ii, Germany promulgated some administrative regulations, and German administrative court regain a new development opportunity.In the third part, I introduce the main content of the current Germany administrative court system, including the administrative court system, administrative law judge and the proceedings. Germany administrative court mainly include its organization system, the functions and personnel system. Administrative judge system mainly include independence and professionalism of Germany administrative law judge and public welfare representative system. In the lawsuit system, I briefly introduced the main principles of administrative proceedings, the range of lawsuit and the main types and the litigation procedure, etc.In the last part, I speak highly of Germany administrative court system, including status, contribution and historical evaluation. In conclusion part, I discuss from the background, development and the main content of the administrative court system, analyze that whether China should be establish our own administrative court and hope prive us some enlightenment about the administrative trial practice.