The Research On Supervision Of Administrative Litigation Register

Procedures for filing administrative proceedings, the filing of administrative proceedings for the review process, referring to the people’s court proceedings under the Administrative Procedure Law of the administrative review filing requirements imposed on the executive relative to materials submitted by the prosecution and decide whether to file the review process. Filing procedures is a starting point the case entered trial procedures, but also the relative rights ought to go from the beginning of the Real. In China, the problem of filing administrative litigation outstanding, serious harm. June2,2009Supreme Court Bulletin "on further strengthening the communication efforts of public opinion," the progress of the masses opinions and suggestions were made to collate and sort out the initial needs of the departments concerned of the13categories of problems, which, the difficult problem of filing administrative proceedings ranked second.There are many difficult administrative proceedings filing expression, either because the law causes difficulties filing, either because the procedures leading to the filing difficult, even worse is the quality of the staff because the court filing difficult problems. Performance in various ways, some expression is relatively typical, summarized as follows:1, Due to legislative reasons, led to the filing of administrative litigation is difficult.(1) the defendant was found not to belong to administrative action by the scope of the administrative proceedings leading to filing difficult. Appear in all the difficult administrative dispute filing, the court case by the administrative courts if the dispute does not belong to administrative cases by the case refused to file a case is the most common. Filing administrative proceedings involving difficult disputes are mainly the following:final act, the abstract administrative act, the citizens, legal persons and other organizations do not have the rights and obligations does not have a real effect on the internal administrative acts, administrative proceedings are not part of general case range behavior.(2) the plaintiff was identified as the subject does not have the qualifications for administrative proceedings administrative proceedings leading to the filing difficult.(3) level under the jurisdiction of the dispute which led to the filing of administrative litigation is difficult. Administrative Procedure Law, the legal provisions on the level of jurisdiction in the use of the "major, complex" with this comparatively vague, and not under the jurisdiction of the courts at all levels in order to quantify the clear division of labor, the courts therefore have a huge discretion, buck-passing between the direct result of the court, filing administrative proceedings resulting in difficulties, mainly in cases of first instance by the Court of Appeal, whether intermediate or grassroots courts. In addition,"the provisions of the administrative jurisdiction of the case" in "a significant social impact","major foreign" these vaguely defined term,"the Administrative Procedure Law" Article23concerning the transfer of jurisdiction in the "right","may" and other words selectively for people leapfrog the trial court is, the transfer of the trial are given great room for discretion.2, Because of reasons of administrative proceedings filing difficult. As a result of administrative proceedings because the court placed the case is not only generally difficult, and difficult to resolve, mainly for administrative procedures, filing lawsuits, administrative proceedings in the face of the people’s court filing, either the negative treatment of non-compliance with statutory obligations, requirements or actively create raise the threshold for filing administrative proceedings, such damage is not just the parties to the appeal, it is China’s administrative litigation system and the rule of law in China’s overall situation.Difficult administrative filing administrative proceedings administrative proceedings relative to the first problem to face, it is difficult to solve and very bad. Filing administrative proceedings are many reasons for the difficulty, from the filing of administrative proceedings to resolve the root causes of the difficult problem, we must deeply understand the root causes of the difficult filing administrative proceedings.1, the review of administrative proceedings and administrative litigation filing filing system of monitoring in the legislation is not perfect, which is on file in the analysis of the difficult problem of administrative proceedings can not be ignored important factors.2, has not been truly independent judiciary, which is the filing of administrative proceedings appear difficult institutional reasons.3, the traditional thinking of the same deep-rooted official standard.4, there are some administrative body to alienation.5, the judges lack of professional ethics, supervision violations is not enough for judges, law is too low.6, stand trial separation system design in the implementation of the deviation, into the formalism of the whirlpool.Filing of administrative action for solving difficult problems, mainly the following measures can be taken.1, improve the administrative procedure legislation, first of all, should be part of the abstract administrative acts into people’s courts accepted the scope of administrative litigation. Secondly, the behavior of the final decision should be included in the administrative courts if the scope of administrative litigation. Third, the behavior of the administrative contract should include the People’s Court accepted the scope of administrative litigation. Expand the scope of administrative litigation, and the qualification of plaintiffs understanding, is conducive to the legitimate rights and interests of the executive relative to the maintenance, in line with the administrative litigation system is independent of the mind and the task of administrative proceedings. Secondly, strengthening judicial independence, independent court system, financial system, establish and improve off-site cross-court jurisdiction system, strengthen judicial independence, especially independence of the judiciary in the administrative proceedings, the administrative proceedings in the Court to exercise judicial power independently, free from executive of interference. At the same time, improve the Court’s internal oversight, improve the handling of administrative litigation court level. Placed on file for review of administrative action to strengthen various aspects of supervision, to form a monitoring network. Supervision within the court system, for the same kind of supervision and control of power between, and now some scholars advocated-year-old review of administrative proceedings to file for inspection and supervision, the NPC supervision, social supervision, etc. are dissimilar powers for the supervision and jurisdiction constraints. In the beginning of the founding administrative litigation system is not an independent judiciary, but attached to the civil litigation system. But after independence from the administrative proceedings, with the acceleration of the process of China’s legal system and economic and social development, playing an increasingly important role. The number of administrative cases increased year by year, type gradually increased, involving public security punishment, reeducation through labor, land administration, planning and management, housing demolition, etc., covering all aspects of administrative areas. View of the administrative proceedings and civil proceedings, criminal proceedings in different jurisdictions, filing three lawsuits monitoring system must exist between a huge difference, the review should apply to administrative proceedings filing its special values, has its special procedures, but also special requirements. In the administrative law enforcement or administrative process, the executive made the specific administrative act, by setting specific relative rights and obligations, and to establish a legally recognized social order, to complete or maintain a public interests closely, that the executive made the specific administrative act itself of social welfare. Occurred in civil disputes between citizens usually involves the rights and obligations between individuals, does not involve public interest. If the intensity of the use of civil filing supervision to oversee administrative procedures for filing lawsuits, it is obviously not able to achieve the purpose of protecting the public interest. That is why, in the process of administrative dispute proceedings, administrative proceedings inalienable legitimate rights and interests and can not be reconciled. This is also the mediation system does not apply to administrative proceedings, the theoretical basis, it is also the administrative proceedings and civil litigation to distinguish the basic symbol.China’s official position on the ideological legacy of such a serious country, China’s administrative litigation filing supervision should be taken to restrict the power of the method, the power of legal supervision should be against the law jurisdiction, so to balance the role of litigation. Because, for the administrative counterpart, the court is "official", but also public institutions, power and authority of its tiny citizens can not compete, there must be a force with the same strong body to represent their interests or joint, to help them protect their interests.Supervision of administrative litigation by filing administrative experience not to file a counterpart application to the People’s Procuratorate, People’s Procuratorate is admissible, by the People’s Procuratorate of the People’s Court proceedings. In filing suit, whether it is a strong executive power, or should the court do not act, and the executive relative comparison, the People’s Procuratorate have more advantages. Under the concept of the adversary system, prosecutors are more qualified to be confrontation between the executive and the parties, to equal with the executive on the facts of the case statement, rebuttal and reply, the prosecution represented the interests of the executive relative easy to achieve.