Research On Administrative Litigation Right Assurance

The administrative litigation right is an important constitutional right of the administrative procedure law. The establishment and running of the administrative litigation right system is not only guide on the citizen’s subject consciousness and right consciousness, but also control and restrain the administrative power reasonably. So as to promote the development of the construction of democracy and rule by laws in China. However, the administrative litigation right system’s theory research and judicial practice is not as our wishes.In our country, most of the study on the administrative litigation right is basic and simple. The scholars study on the litigation right basically concentrated on the field of jurisprudence, constitutional law and the civil procedure law. But the study on the administrative litigation right is rare.The first part of the article put forward to the protection of the administrative litigation right with the "opinion of the protection of the administrative litigation right" releasing. This part mainly introduced the concept necessity and the practice of the administrative litigation right. On the administrative litigation right, the scholars have conducted variety of interpretation. In short, it means to that the palaintiffs own the right request the court to launch the jurisdiction to protect their legitimate law releasing and implementing, the administrative litigation right obtain the legal protection. But in the judicial practice, the protection of the Administrative litigation right for the administrative relatives is not very good.The second part of the article discussed the difficulties for the protection of the administrative litigation right faced by and the reason for it. The problems about the protection of the administrative litigation right mainly include, firstly, in the aspect of court, it restraint the conditions for prosecution,"does not stand before the trial", carelessness for the administrative cases which is sensitive. Secondly, in the aspect of the administrative authorities, there is a problem about circumventing the law and bringing pressure to the court. Thirdly, in the aspect of the administrative relatives, there is a problem about the judicial attitude and judicial psychology. Fourthly, in the aspect of the supervision organs, either the court system or the procuratorate system has a poor oversight mechanism. The reason for restricting the protection of our administrative litigation right mainly included:firstly, lacking of the awareness of civil rights and the constitutional awareness; secondly, there are many drawbacks in the court management system; thirdly, the current administrative procedure law is not perfect; fourthly, the prosecution of the legal supervision is weakened.The third part of the article mainly described how to increasing the civil right awareness, strengthening the system, improving the legislation and strengthening the supervision in order to make the protection of the administrative litigation right perfect. Above all, cultivate the awareness of civic rights and develop the democratic politics; secondly, reform the judicial management system in order to establish a judicial authority; thirdly, improve the administrative procedure law legal protection system; last, strengthen the supervision of the administrative filling to effective the protection of the exercise of the administrative litigation right.The administrative litigation right is different from other general legal rights. This is mainly due to the exercise and the protection of it is not only concerning the courts and procuratorates, but also concerned with the executive power as the representative of the public administration. The special characteristic of the implement of the administrative litigation right decided the complexity of the protection. Such as the administrative organs as one subject of the legal relation of administrative litigation which owned strong executive public authority. This is natural inequality between the administrative organ and the administrative counterpart is bound to affect the exercise of the administrative litigation right. And also because of it, the court faced particular troubles when handing the administrative dispute. Both of this make the supervision of the procuratorate play an important role.In view of this, the study on the protection of the administrative litigation right is not only limited to the ontological significance, but also the executive interference with the judicial, judicial management system issues and the legal supervision of the prosecutions.In order to change the negative attitude about the administrative litigation right, we need to develop the awareness of the rights of citizens actively. So we need to promote the political culture to the civic culture, establish a scientific concept of the rights, and develop the citizen’s faith in law.In the course of the exercise of the administrative litigation right, which is essentially derived from the courts system problems. For this, first of all, we need to reform our court personnel management essentially.Next, we should reform the financial security of our court system. Thirdly, we could redefine the relationship between the upper and lower levels. Last, we should build up the professional judges system.In order to make the procuratortes play a real role and protect the exercise of the administrative litigation right, we should reform the personnel and financial system which subject to the local leaders. First, in the aspect of the personnel management system, we should strengthen the leader between the upper and lower levels. Secondly, in terms of the financial system, the proposal is implemented,"the provincial level based, supplemented by grading burden".To make a legal basis for the protection of the administrative litigation right, we need to improve the administrative legal’s system further. One side, we should define the administrative litigation right in the constitution clearly; on the other side, we need make the administrative procedure law perfect.In addition, strengthen the supervision of the administrative case is very important. On one hand, we need improve the oversight of the courts; on the other hand, we should establish the inspection and supervision of the procuratorates.