Study On The Doctrine Of Finality

The doctrine of Finality is originated from American judicial practice, prior the APA the Supreme Court had established the doctrine that only "final" agency actions were subject to judicial review. As the ripeness, exhaustion, it is one of the doctrines that designed to keep administrative law cases from coming to courts until agencies had had a full opportunity to rule on the issue. As an important principle in administrative lawsuits, the doctrine of Finality is based on certain causes, with five aspects included-first, the process of administrative action; second, the separation of administrative power and judicial power; third, the specialization and due process of modern administration; fourth, the deficiency of judicial resources; fifth, the convenience of judicial review. The doctrine of Finality is of great importance in modern administrative lawsuits, which is conducive to coordinating the relations of administrative power and judicial power, promoting a full play of judicial function and protecting the rights of citizenship. Although, in China, Finality is considered in the administrative lawsuits, relevant laws and theories are scattered and lack of systematic research. It leads to less application of the doctrine of Finality. With the development of the administrative law, it is necessary for us to establish the principle in the administrative lawsuits. Also, it is necessary to determine the criterion of the doctrine and to improve the case scope system, so that the civil rights will be better protected.