Research On Administrative Court System

The administrative court system holds the features of professionalism and independence, which is gradually developing into the most optimal system for its peculiar attribute of value to realize the function of safeguarding the human rights and the check of balance. The administrative court system was originated from France, then it was widely absorbed by other continental law system nations such as Germany, Italy, Greece, and Finland, which serves to show the superiority of the system. Administrative court system is the inevitable product of history, the reason lies in its unique background and theoretical basis. The historical background includes individualism, rationalism, and nationalism, while its theoretical basis is the theory of Montesquieu’s separation of powers. Administrative court system is gradually formed and developed under the dual forces referred before and has inevitably become the outcome of history.There administrative court system does not have the single evolution and system model to follow. The two most typical models are the French administrative court system and the German court system. France as the founder of the administrative court system. Its specific historical context and theoretical interpretation decides the administrative court system’s unique development model, which always plays a dual role of judicial and administrative. Consequently, the French administrative court system is filled with administrative features. The Germany administrative court system was formed in the powerful feudal autocracy period, which makes Germany previous reform of the administrative system place a great emphasis on separation of executive and judicial, namely the independence of the judicature. It must be noted that the most outstanding feature of the German administrative court system is to be given constitutional status in law, which protects its judicial independence, and then this practice is learned by all other countries.As a200-year-old administrative litigation system, the administrative court system still works well in nowadays and it will be constantly reformed and improved, which leaves us with a very important enlightenment. The general revelation is that there are differences between the administrative court system establishment and development model; the administrative court system is the most effective system designed to balance the executive power and judicial power; generally the administrative courts have independent constitutional status; the establishment of the administrative court system is the world’s administrative trial reform trend. As for its special enlightenment in China is that we should transform the reforming idea in the administrative trial reform. Furthermore, the establishment of China’s administrative court system will become a major innovation and development for China’s judicial system.