The Construction Of Administrative Court System In China

Since China’s administrative litigation system established and implemented, it has greatly promoted law enforcement duties of the administrative organs and their staff, effectively safeguarded the legitimate rights and interests of citizens, legal persons and other organizations. However, with the establishment of China’s market economy and the deepening of the reform, the defects of the existing administrative adjudication system have become increasingly apparent, mainly for administrative adjudication can not cope with the requirements of administrative disputes’ increasing specialization and complexity, the courts and judges can not be excluded from the administrative intervention and thus the independence and impartiality is difficult to guarantee.In comparison to the judicial practice of developed countries, especially the administrative court system widely used in civil law countries, which has played a major role in the power control, independence of judiciary, protection of human rights and scientific and efficient adjudication of the professional administrative disputes. All of these have an important reference value for reforming and improving our administrative adjudication system.Argues that the administrative court system in our country has both the historical origins, and the necessity and feasibility. On this basis, the author envisaged a practical framework for the establishment of the administrative court system in China, from the court level and geographical setting, personnel management and department settings, management of funds and the appointment and protection of judges. At the same time, the author analyze the scope of accepting cases after the establishment of the administrative court as well as the permission controversial issues which may be related to the ordinary court system. Finally, the author firmly believes that the administrative court system can be used as a breakthrough in China’s judicial system, and can promote the construction of democracy and the rule of law in China to a new level.