Expand The Scope Of Administrative Litigation

The scope of administrative litigation is the people’s court accepts a range ofadministrative cases. What administrative action having actionable, directly related tothe relief and civil jurisdiction of the executive power of the supervisory scope.In accordance with our country,"Administrative Procedure Law" and relevantjudicial interpretations of the scope of administrative litigation is used in hybrid modedesignated by the legislative scope of the case. First, in order to generalize theformula provides for the principle, and then using affirmative and negative type citedspecific provisions. This model logically violated the principle of excluded middle,resulting in a hesitant applicable law judge. Learn from foreign advanced countries inthe case concerning the scope prescribed by the next, I think the scope ofadministrative litigation should not be limited to reviewing the legality of specificadministrative act, the reasonableness of the examination is also necessary. In addition,several administrative acts of the abstract administrative behavior, internaladministrative acts, administrative discretion administrative acts, administrative andother facts included in the scope of actionable conduct administrative acts, forexpanding the scope of administrative litigation is significant. Administrative relativeperson’s interest protected and can not just stay in the "personal rights, propertyrights," a variety of civil and political rights enshrined in the constitution, such as theright to education, the right to rest, etc., should receive judicial protection. The onlyway to solve the problem of administrative litigation was too narrow fundamentally,to the full and effective judicial remedies provided administrative counterpart.Taking into account the realities of the legal system, expanding the scope of theexpansion by the case is not unlimited, this paper presents timely expansion of thescope of administrative litigation boundaries.