A Comparative Study Of The Administrative Litigation Trial System Between Taiwan Area And The Mainland China

The system of administrative litigation trial procedures of litigation legal system is an important part of our Administrative Litigation solve problems of great significance, is also an important way to resolve contradictions among the people, the rule of law and building a harmonious China have a non-construction significance than usual, so perfect and improve the system of administrative litigation trial proceedings China’s legislative work is also an important element. Mainland China and Taiwan have similar cultural origins and traditions, the two sides belong to one China, Confucian culture has a profound impact on both sides, although due to historical issues, the two side present state of separation, but ultimately we believe the two sides will be able to achieve peace unity. Currently the two sides because of the different political systems and economic base in many areas have shown a lot of difference, such as economic conditions, political systems and so on. Both sides of the legal system because, according to different modes of development, also showed a lot of different, but the two sides have developed in law and common developments, has a very long period. Learn and absorb excellent administrative law litigation experience in Taiwan, to improve the administration of legal proceedings has extraordinary significance. Continental system of judicial proceedings and administrative proceedings Taiwan, respectively, after more than thirty years, and the history of the past century, in their different development process in the formation of their own distinctive system of administrative litigation trial procedures, and the local political, economic and cultural resources formation of a more cordial relationship. Taiwan, Republic of China originated in the Administrative Procedure Law created the "Six Laws" that the so-called Constitution, Civil, Criminal Law, Civil Procedure Law, Criminal Procedure Law, Commercial Law again later separated to form a part of the civil law and administrative Law, Civil Procedure Law, Administrative Law formulation developed modeled after the Administrative Procedure Law, Administrative Procedure Law in Taiwan so far, and the Civil Procedure Law also maintained a very close relationship, prominent feature is the Administrative Procedure Law in Taiwan retains many turning Terms (directly to the content design of certain provisions of the applicable provisions of the Code of Civil Procedure), the Administrative Procedure Law in Taiwan has also been a long history of development of proven long-term, although there is a huge difference between the two sides of social constitution, but does not involve a specific social system social and legal system, the mainland can be moderate, reasonable absorbed by reference to considerations on the basis of the argument. Specific system requirements of the Administrative Procedure Law in Taiwan are showing some of the more advanced aspects such as the use of a simple program, focusing on the protection of the public interest and the interests of bona fide third party administrative proceedings and reasonable settlement of litigation mediation system and adopt the necessary reservations Steering terms, these systems are all aspects of the Administrative Procedure Law mainland lacking. In addition the system is relatively simple in some mainland areas on both sides there are two sides to prescribe, operability is not strong or operation there have been many cases not provided for in the laws and regulations, resulting in a legal basis for the principles compromised. Taiwan has308Administrative Procedure Law and the Civil Procedure Law also provides for steering hundreds of provisions taken together more than400content, contrast, only75mainland version of the Administrative Procedure Law1989, new amendments to the Administrative Procedure Law The draft was only just99, if coupled with administrative proceedings related to judicial interpretation only about200, and Taiwan, there is a huge number compared to the differences, which directly led to many provisions only a few words, appeared in the practical application of the results of poor operability. As evidence of the system requirements on the use of the finest aspects of security procedures are in Taiwan to be compiled specifically, the provisions of variety, very detailed regulations, try to take care of the problems that may arise in the practical application. In this paper, considering the two sides in the consolidated system of administrative litigation trial proceedings on the basis of the difference, choose a few of the more important aspects of the system of administrative litigation trial procedures were compared on both sides, both sides of the main contents of the first review of administrative litigation trial process system, and criminal chart frame unfolded to form the visual impression, then the basis of the two sides in the discussion and formulation of the basic principles of administrative proceedings on the concept, and analysis of the two sides to develop the principles and concepts of the differences and the reasons for these differences appear, followed on both sides of the specific administrative litigation system were compared and analyzed, mainly to make comparative analysis in terms of first instance, the second instance, retrial procedures, and some special procedures system and so on, analyze the main differences between the two sides in these areas as well as the system and the reasons for these differences these the effect of system use its advantages and disadvantages. By comparing the two sides integrated system of administrative litigation trial procedures and specific comparison system, hoping to learn from each other to promote the development of both legislative administrative proceedings, on this basis, focused on the mainland should absorb the introduction of the Administrative Procedure Law of Administrative Procedure Law in Taiwan several aspects, including the use of summary procedure, public protection, protecting the interests of third parties, reconciliation mediation system, the use of security procedures, the use of the steering box and the strengthening of the legislative several issues operability. These aspects are gaps in mainland China but also in Taiwan Administrative Procedure Administrative Procedure Law of the place has the advantage of long-term practice, through the terms of reference and the adoption of these legislative quality of the Administrative Procedure Law mainland China will greatly enhance the, the rule of law strategy will be more perfect.