| Abstract:Types of administrative proceedings is one of the main trends since the20th century, the development of administrative litigation, administrative proceedings typed has an extremely important role in the country’s legislative activities in modern law. The so-called administrative proceedings type refers to the relationship between the administrative proceedings " v." kind lawsuit classification made according to specific criteria, and these types of lawsuits between the fundamental purpose typed provided no loopholes in the legal protection of the rights of the people.While China’s current " Administrative Procedure Law " does not make a clear division of types of administrative proceedings, the negative impact of the pattern of this type of litigation resulting from the missing have been perceived as a growing number of scholars. For the study of this issue, the U.S. and Europe has been a leader. Confirmed by the constant increase in administrative proceedings and types, as well as judicial review of the country’s legal system and administrative proceedings continued combing perfect type of administrative litigation in these countries have formed a tight, sound, practical institutional system. Moreover, China’s " Administrative Procedure Law " was promulgated the Code due to the late, increasing the speed and progress of the people demand justice and there is still a large gap between the expectations, leading to a lack of administrative proceedings typed, which makes the different administrative dispute resolution, administrative law, executive, administrative relative person ’s protection and the legitimate interests of the people’s courts exercise jurisdiction effective efforts are greatly reduced. Among them, unable to fully remedy the parties, protect the legitimate interests of the parties has become a major flaw administrative litigation system level.This paper will be divided into four major types of administrative proceedings based on the idea of a study to discuss the issue in depth Analysis of the root causes of Administrative Litigation typed missing and try to give sound advice from all areas of the judiciary, the executive and legislative and recommendations.In the first chapter,we learn about the administrative proceedings focuses on the type of problem. Significance of the connotation through administrative proceedings types, classification and evolution process, as well as the type of administrative proceedings conducted an overview of the development and summarized in order to interpret and define the basic concepts be as accurate as possible, clear, to take the research work has laid down a good found types, classification and evolution process, as well as the type of administrative proceedings conducted an overview of the development and summarized in order to interpret and define the basic concepts be as accurate as possible, clear, to take the research work has laid down a good foundation.In the second most on the current status and lack of administrative proceedings to discuss the type of development and one by one analysis, in-depth interpretation of the root causes of this phenomenon. By enumerated types of administrative proceedings of the missing performance, such as administrative forms a judgment too narrow, the current lack of administrative proceedings revocation proceedings, public interest litigation, confirmed that a variety of advanced types of litigation and litigation and other parties to the proceedings, we prove that due to the lack of these adverse social consequences and implications of the corresponding type of litigation resulting from a better understanding of the type of administrative proceedings of development, and also at the end of the part and thorough analysis of the root causes of these phenomena cause for the type of administrative proceedings of the establishment made sufficient bedding.In the third part, we mainly view of the necessity of the establishment of administrative proceedings typed on points discussed and analyzed, explained the necessity of administrative proceedings typed focus for the protection of civil rights remedies, the need for monitoring and promoting administration according to law, the necessity of substantive administrative disputes and judicial organs of administration for improving the quality of trial the importance and efficiency.The fourth most is the reason why we study the type of administrative proceedings that purpose, through the front on the type of concept, lack of performance, analysis of the causes and consequences of research, the purpose is to find and establish the appropriate type of standard improve this loophole administrative litigation system in China. Therefore, this part of the author from the direction of the type of establishment to start, I hope to provide protection against the establishment of institutional types of administrative proceedings by way of the system of legislation. Through the legislative process may appear to a reasonable number of the issues resolved or avoided, as well as the drawbacks of the legislative criteria for the classification of legislative and other types of problems, and the premise is based on Administrative Procedure Law of People’s Republic of China," the basic spirit by increase the level of objectivity legislative administrative proceedings, such as public interest litigation; learn from foreign experience, perfect form, payment and confirmation proceedings; and development efforts on the proposed establishment of a party litigation and other types of legislative comments and suggestions. And finally how to improve the administrativ e litigation interest litigation; learn from foreign experience, perfect form, payment and confirmation proceedings; and development efforts on the proposed establishment of a party litigation and other types of legislative comments and suggestions. And finally how to improve the administrative litigation system by determining the objective litigation purposes, how to define the time frame invalid confirmation litigation issues and how to develop some form of confirmation party litigation on these three innovations and breakthroughs issue of administrative proceedings aimed a little help type of legislation toward "no loopholes" in the law to protect the rights of citizens to protect and promote the purpose of the timeliness close.Types of Administrative Litigation Law, not only helps improve the structure of administrative litigation and administrative proceedings, and conducive to the development of administrative rights litigation, but also conducive to promoting the rule of law and building a socialist country. Therefore, the combination of the existing system resources, design a set of scientific, unified and independent administrative proceedings typed classification standards and systems, give full play to the administrative litigation law in administrative supervision, protection of human affairs are defending the line to protect the public interest role has become a top priority this administrative Procedure Law reform. |
