The Research Of Design Of Preventive Administrative Litigation In China

Traditionally, the Administrative Litigation pays too much attention on theremedy proceeding, though it played a certain role in remedial effects, but it can notprotect some of the unrecoverable rights and interests that have been infringed.Toachieve the comprehensive, effective and no hole right relief purposes, the rule of lawin developed countries and regions have established their own preventive system ofadministrative litigation, and have already gained rich experience in theory andjudicial practice. In our country, the Administrative Litigation is still confined to theex post relief, this situation not only makes the right remedy of holes, bad foradministrative dispute prevention and resolution, but also not conducive to improvethe operational efficiency of the judicial resources. In view of this, as early as morethan a decade ago, some scholars wrote papers to introduce the system, on the purposeto try to establish the similar preventive administrative proceeding system in ourcountry, after that some sporadic papers published, preventive establishment involvedin Administrative Litigation related issues to explore theory and practice, but, ingeneral, the research is very weak in our country about preventive administrativelitigation, scholars in various also far away to reach an agreement on the basicconsensus on the issue. From August13,2011, the "Provisions of the SupremePeople’s Court on a number of issues on the trial of the government informationdisclosure administrative cases" comes into effect. Many scholars agree that this is amajor innovation and breakthrough for China’s Administrative Litigation rules, itprovides that" The decision that to publish but not yet published, the administrativeorgans shall be made a judgment that should not be disclosed". It provides rules forpreventive administrative proceedings, and it is bud of preventive Administrativeproceedings in China.It means that a realistic possibility of building preventiveAdministrative Action in our country. My paper in depth about preventiveAdministrative Proceedings on the basis of relevant theories, will fully make adiscussion about the necessity and feasibility about it in our country, and through the comparison and reference of the experience of prevention related legislation andpractice, I will make a discussion about how to establish the system in our country indetail. It involves the plaintiff qualifications, the applicable scope of the specificproblems, such as type of litigation, trial rules and so on. I will put forward somepreliminary ideas, in order to make progress in the Administrative Litigation systemof our country.