On Improvement Of The Standard Of Administrative Litigation Scope

The scope of accepting cases is a unique and key point inadministrative litigation in different countries. It directly reflects the levelof the administrative law, determining the scope of review of jurisdictionto executive power and the level of judicial remedy when the citizens,legal entities and other social organizations suffer damages byadministrative action. In China, however，the scope of accepting caseshas been one of the controversial and highlighted problems since theimplementation of administrative procedural law. It all depends on thelimitative standard of administrative scope of accepting cases, onlycontaining personal right, property right and other specific administrativebehaviors, which lead to a large amount of administrative disputescouldn’t file a law suit.To begin with, the thesis analyses affecting factors of establishingstandard of the scope of accepting cases and the way of establishing thestandard. Then, it expounds legislative evolution of case-accepting scopeof Chinese administrative litigation, pointing out some defects of thestandard of case-accepting scope in Chinese administrative litigation andindicating the necessity of improving the standard. Furthermore, basingon some foreign rules and some Chinese scholastic’s researchachievements, the author puts forward some methods to improve thestandard. The methods is to enlarge the scope of justifiability byincreasing the categories of administrative behavior, extending plaintiff’squalification，enlarging the range of right protection and using caseguiding，which is expected to achieve the aim of administrative litigation.