A Study On The Problem Of The Administrative Proceedings’ Difficult On Filing

In this paper, the author uses the idea of collating and classifing the S Provincial People’s Court administrative’s cases that are not filing to start studying on the problem of the Administrative proceedings’ difficult on Filing. After analyzing the judgment reasoning of the administrative cases that are actually not filing, this article tries to explain the Administrative proceedings’ difficult on Filing from the view of empirical research. The article includes the analysis of the meaning of the Administrative proceedings’ difficult on Prosecution, the eliciting and the analysing of the Administrative proceedings ’difficult on Filing, and then combines with the implementation of the Administrative appeal and the purpose of the administrative litigation legislation to put forward the problem of the Administrative proceedings’ difficult on Filing. Then combines with the classification and the analysis of the cases that are actually not filing and the problem of the administrative litigation legal system to analysis the problem of the Administrative proceedings’ difficult on Filing. Finally, the author put forward some advice from the Litigation system and some other aspects like litigation environment, legislation, law enforcement, administration of justice and so on.In Chapter One. the author initially defines and analysis the Administrative proceedings’ difficult on Filing, then combines with the understanding of the concept of the administrative appeal, analysis the factors that affect the implementation of the administrative appeal and the relationship between it and the problem of the Administrative proceedings’ difficult on Filing:the problems existed in the protection of the Administrative appeal, like the Administrative litigants’ awareness of the protection of the administrative appeal is too weak, the scope of the Administrative appeal protection that the existed law ruled is too narrow,the legal procedures is relatively vague and so on. On the other side, the diversification of the administrative proceedings legislative purposes that is not only to protect the legitimate rights and interests of the administrative counterpart, but also to maintain and supervise the Administrative organs to exercise their functions and powers correctly, which are also the deeply reasons of the Administrative proceedings’ difficult on Filing. Based on the understanding of the nature of the administrative proceedings and the judgment on the objective needs of social reality, we should establish a based fundamental legislative purpose for the right to relief on the administrative relative person.Chapter two of this paper is mainly empirical research, which is also the core part of the whole article. The author firstly classifies the S Provincial People’s Court administrative’s cases that are not filing into the types like the regional distribution, the type distribution, the type of administrative acts, the composition of the parties and so on, then analysis some reasons of the problem of the Administrative proceedings’ difficult on Filing. Then, from the perspective of the specific legal system, the author combines with the S Provincial People’s Court administrative’s cases that are actually not filing to deeply analysis the problem of the Administrative proceedings’ difficult on Filing, like the narrow range of administrative litigation, the restrictions of the Administrative Litigation Qualification, the limits that the prosecution must put forward a specific claim and the fact foundation, the restrictions of the controversy about whether it is multiple lawsuits or not, the limitation of jurisdiction, the conflict about the identification that the legal procedure is proper or not, the problem that the specific evidence for the prosecution provisions is not clear and so on.Chapter three of the paper is mainly the solution of the problem of the Administrative proceedings’difficult on Filing. Firstly, it is about the advice of the litigation system, mainly including broaden the scope of the administrative litigation, perfect the standard of the parties, improve the strict administrative’ censorship in the existing legislative practice, perfect the procedural safeguards mechanism of the prosecution, accurately distinguish and grasp the prosecution evidence and the favored evidence and so on. Then secondly, it is some advice beyond the litigation system, including optimizing the administrative litigation environment, improving the legislation of the administrative proceedings, raising the level of the Chief Law Enforcement, full playing the Judicial Activism and so on. Finally, the author hope that these advice are what can be useful to the problem of the Administrative proceedings’difficult on Filing in general.