Scope Of Administrative Litigation

Scope of administrative litigation administrative proceedings as a starting point, and also the administrative litigation system to highlight the important issues, but also in the field of administrative litigation hot spot of concern, which in academia and in the discussion of the controversy caused by also relatively more the. Delineate the scope of administrative litigation rights of the final decision of the administrative scope, with the executive power is relatively closely related to the scope of the human rights of appeal, marking the executive power is subject to judicial oversight authority level, reflecting the state supervisory jurisdiction achieved broad administrative power and depth, and thus, to some extent reflects the level of a country’s rule of law.Because from the administrative proceedings of legislative time constraints of social reality and the situation, so the scope of administrative litigation provisions rather narrow, a larger extent, limit the administrative relative person’s right to appeal administrative proceedings, it is difficult to effectively monitor the executive powers exercise, limiting the administrative relative person should protect the legitimate rights and interests. As China’s political, economic and social life of the changes, and the "rule of law, building a socialist country ruled by law " has been established as one of the constitutional principle that citizens, legal persons and other social organizations have greatly enhanced the enthusiasm of legal awareness and rights, as well as China to the WTO, the international human rights conventions signed by the two realities, etc., require our reasonable useful experience from abroad, and take effective measures to properly expand and improve the scope of administrative litigation.In this paper, the field of law in the administrative proceedings, in order to fully protect the legitimate interests of the administrative counterpart as a starting point and foothold judicial power in order to achieve effective supervision of the executive power for the purpose of administrative procedural law as an angle, through historical analysis, value analysis, comparative analysis, case analysis methods such as legal research, analysis of the scope of administrative litigation realities and defects, and on how to properly expand our range of administrative proceedings by the case in detail, circumspect demonstration, in order for the country’s scope of administrative litigation perfect to make a useful research.This study mainly consists of four parts:The first part analyzes the scope of administrative litigation concept, influencing factors and the scope of administrative litigation system and the existing deficiencies, thus the scope of administrative litigation raised this issue.The second part analyzes the scope of administrative litigation summary type, as well as hybrid and other enumerated three basic modes, as well as the scope of administrative litigation, and then discusses in detail the scope of administrative litigation value.The third part of the common law and civil law extraterritorial representative national scope of administrative litigation concerning the relevant provisions of, and the scope of administrative litigation States comparative analysis.The fourth part of the analysis of the appropriate expansion of the scope of administrative litigation necessity and feasibility, and demonstrate how it should be appropriate to expand our scope of administrative litigation.