On Administrative Test Case System

Abstract:In recent years, China’s social modernization is thriving. However, due to the administrative organs unreasonably or even brutally using their functions and powers, mass administrative disputes are increasing in China. In addition to this, however, China’s current administrative procedure law does not resolve such this dispute well. The existing Representative lawsuit system does not play its proper role, and the administrative relative person’s legitimate rights don’t get effective relief. However, law does not allow the existence of the vacuum system. It’s necessary to introduce the administrative test case system of German to China. Administrative test case system is a new kind of system to solve the administrative disputes which has the same facts and legal issues. It is able to solve the mass dispute effectively, the secret lies in its demonstration of ripple effects:choose a typical case early, other similar cases which have the same facts and legal issues are solved according to the demonstration of judgment in the test case, so as to achieve the rapid economic purpose of solving the group dispute.Germany has established the administrative test case system and made success in the judicial practice, its experience of legislation and practice provides good material and reference for our country to build the administrative test case. At present, our country has the condition to introduce the administrative test case, it is feasible and necessary to construct the administrative test case demonstration in our country. To solve the problem of the increasing mass administrative disputes, we should introduce and construct the administrative test case in our country. At the same time we should deal the relationship between it with the existing administrative representative lawsuit system, instead it? In specific judicial practice, we need to discuss what kind of mode the administrative test case should adopt, a model of compact or authority? Finally, to carry out concrete construction of the administrative test case, including its premise of operation, the level of jurisdiction, the protection for the rights and interests of the third person and the effectiveness of expansion of the administrative test verdict, etc.