Perfection On Procedure Of First Instance For Administrative Litigation

Looking at the national judicial system, administrative litigation appeared much later,some of the procedures prescribed in administrative litigation are from civil litigation.Eighties of last century, China’s economic system reform, the official standard thought in thewhole social rampant, together with the absence of administrative litigation practiceexperience, that make the administrative litigation law is the most principled stipulation, andin the first instance procedure provisions is neither specific nor meticulous. Administrativelitigation law while on the promotion of China’s administrative litigation ’s development workis huge, but with the progress as the society, citizen consciousness, administrativeproceedings simple rules are incompatible with people on the requirements of proceduraljustice seriously, which also affect the administrative lawsuit function. This year, the SupremePeople’s Court on administrative litigation trial procedure reform conducted a pilot, as theadministrative procedure of first instance procedure legislation provides realistic basis.This article mainly from the empirical point of view, uses the access statistics, case filesampling and interviews methods, tries to give a legal worker perspective to seek for judicialpractice to construct administrative litigation procedure of first instance path. The full text ofabout20000words, in addition to the introduction and conclusion, the body consists of threeparts. The main contents are as follows:The first part introduces the concept of administrative litigation procedure of firstinstance, the research significance and legal status, through to the administrative courtsrelated theory, for the construction and perfection of administrative litigation procedure offirst instance to provide a theoretical basis.The second part to the Guangzhou court of justice judicial practice: a case study onadministrative litigation procedure of first instance of the reality of the situation, analysis ofthe current administrative courts. The drawbacks and produce these malpractice causes, so asto perfect administrative litigation procedure of first instance to pave the way. The third part introduces the establishing administrative litigation procedure of firstinstance should follow the principle, mode selection, process design and some innovativeideas, from the legal workers point out the reason and necessity for adopting of the limitedwritten review in administrative courts. And put forward to strengthen the pretrial is premise,taking the litigation types set trial structure, with additional reconciliation mechanism as thefocus, to construct and perfect our country administrative litigation procedure of first instanceinitial conception.