The Construction Of The System Of Injunction In Administrative Proceedings

The innovation of judicial practice is the core motive force of the reformation in ourlitigation system,the creation of environmental injunction replies to the execution problems inenvironmental justice in China.In fact owing to environmental administrative proceedingsopen incomplete,practitioners try to use the institution of litigation preservation in civilprocedural law to ensure the environmental public interests.However,the current institutionof litigation preservation in civil procedural law don’t contain the need of protecting the rightsof interested person,only establish property preservation to ensure the performance of thejudgment,and the system of act preservation still in research.And there is not the institution oflitigation preservation in administrative proceedings,of course include act preservation,sopractitioners try to use the new form of proceedings environmental civil public interestlitigation to response the realistic need of prominent contradictions in the field ofenvironmental conservation. It is important to improve the litigation system itself to resolvethe root problem.Environmental injunction is a form of act preservation used to improve the institution oflitigation preservation in civil procedural law.The form of injunction is influenced by thetraditional theory in common law.In civil law there are similar preservation in litigation,suchas temporary order and provisional disposal,they are important parts in the system oftemporary rights protection. It is an independent court procedures to ensure the rights ofinterested person in administrative procedure.Chinese legal system is influenced by the civillaw,administrative litigation draw lessons from the basic framework of the system ofadministrative litigation in Germany.In the new period the complication of social affairs andthe diversification of interest groups raise a new claim to the development of administrativelitigation.The effectiveness of civil right relief is an important quota of understanding of legalauthority.Meanwhile frequent communication between the two legal systems promote thediversification of legal construction model and combine the dominance of both,it is a veryimportant approach to establish the legal authority by constructing the system of injunction inadministrative litigation to fit the reality of China and ensure the rights of interest person torealize timely and effectively.This paper bases on the mature theoretical basis of the system of temporary rightsprotection,to comparatively investigate the set of specific procedures of injunction relief in common law and temporary rights protection in civil law,and combine the real dilemma of thedevelopment of administrative litigation in China,adopt the initiative of judicature to breakthrough the limitation of the current rules of temporary rights protection,and structure thefeasible injunction procedure in juridical practice of administrative litigation to realize theall-round safeguard of rights.The first part of this article introduces the case in environmental judicial practice,andstates the position of the system of injunction,analysis the limitations of the creation ofenvironmental injunction.It is necessary to locate injunction as an important part of temporaryrights protection in administrative proceedings.It is used to solute the regulatory issueseffectively in safeguard the public interest of environmental protection agencies,and clarifythe environmental protection responsibilities of all beneficiary subjects in supervision. Thesecond part focuses on the importance of the temporary rights protection in administrativeproceedings,by combing the relationship between the characteristics of our administrativeproceedings and the deficiency of temporary rights protection system,illustrate that it isnecessary to establish the system of injunction which is based on temporary rightsprotection.The third part explicitly states injunction is a kind of judicial relief measures andan unique function on limiting the public authority to protect civil rights from infringerstimely and effectively.The design of specific procedures and the construction of framework ininjunction relief and temporary rights protection contribute to structure the system ofinjunction in administrative litigation.The forth part summarizes the perfection andintrospection of administrative litigation in the process of constructing all-round rights reliefin two legal systems,and clear the focus of construction of the system of injunction inadministrative litigation.Then summarize the experiences of construction on the area ofapplication of injunction, the acceptance authority, the application requirement, the standardof review, the legal effect,resolutive condition and remedy approach,to fit the development ofthe legal system of our administrative litigation,attempt to help administrative procedure lawmake future modifications.