Research Preventive Administrative Proceedings

Administrative proceedings as to provide relief to the administrative counterpart resistance against the important system of administrative power, with the development of the concept of administrative law, the relief of the way and kind of comprehensiveness, timeliness and effectiveness faced with more stringent requirements and challenges. Preventive administrative proceedings under way as comprehensive relief indispensable part, more and more people’s attention. To study of preventive administrative proceedings, should be combined in a clearly defined concept of preventive administrative proceedings on the basis of relevant experience outside of the analysis of the implementation of preventive administrative proceedings necessity and feasibility, which made our preventive administrative proceedings specific ideas. First, the concept of preventive administrative proceedings defined views of scholars and outside the country to protect the rights of the concept of preventive different, when introducing the concept of preventive protection of the rights of its variation that prevention is preventive administrative proceedings "execution" rather than administrative action " to make ", mainly because of temporary legal protection to make up deficiencies. Results of such a definition may result in administrative proceedings is a preventive function out of itself, but can not play its due role, therefore, to clarify the concept of preventive administrative proceedings but also from preventive and temporary legal administrative proceedings protection of relationships and time to proceed prevention; secondly, to protect the rights of extraterritorial preventive developed better, such as Germany’s preventive stop lawsuit or appeal of preventive confirm that Japan’s ban lawsuit, the Anglo-American preventive writ for these preventative rights protected mode, which our country can benefit from lessons learned, not only to recognize the current status quo of China’s own, whether preventive administrative proceedings, but also analyze China’s current legal environment can apply preventive administrative proceedings; finally, prevention of useful experience combined with extraterritorial administrative proceedings based on the necessity and feasibility of construction, Construction of preventive administrative proceedings should start to start the macro analysis of preventive administrative litigation proceedings applicable to the type, scope, applicable requirements and other core factors, type in the lawsuit as applicable, China should first establish a sound administrative proceedings type in the administrative proceedings to be covered preventive action; applicable requirements in the full understanding of the possibility of the appearance of significant and should meet and damage pathways unable relief afterwards conditions; should be limited in scope facts behavior may soon cause damage to the facts of administrative acts and some abstract administrative behavior. Trial activity combined with China’s specific characteristics and the actual situation on the basis of this, in terms of filing from the strict conditions of the special burden of proof, concise trial proceedings, the judgment innovative methods, to our country to propose specific preventive administrative proceedings programming.