Construction Of Theory On System Of The Administrative Litigation Types

The specification of administrative litigation types is the tendency of various administrative systems since 20 century. The main countries in the world have established a relatively scientific and complete system of administrative litigation types. At present, our country is in social transition period, on the study of the theory of the system of administrative litigation type foundation is weak, the lack of a clear legal legislative provisions. On November 1,2014, the twelfth session of the 11th conference of the standing committee of the National People’s Congress voted on modifying the administrative procedure law and the decision passed. The new administrative procedure law will take effect from May 1,2015. The revision is a good start for the development of our country’s administrative procedural law, the author hopes to work out a set of system of administrative litigation types based on combining the situation of our country reality, which is perfect and meet needs of China’s development, through earnest examination and on the basis of drawing lessons from the rule of law system of administrative litigation types of western countries.This thesis mainly study from four aspects including:the introduction of the theory of the administrative litigation types, the necessity and feasibility of constructing the administrative lawsuit type system analysis, outside experience introduction and the building of the system of administrative litigation type. Among them, the first part mainly studies the basic theory of administrative litigation types, including the definition of administrative litigation type definition, etc. The second part deeply analyzes the necessity and feasibility of constructing the administrative lawsuit type system in our country, starting from the current situation of the legislation and theoretical research on the administrative litigation types. The third part mainly introduces the outside experience. This part focuses on analysis of the administrative litigation types in civil law countries represented by Germany, Japan and France and in Anglo-American law system countries represented by Britain and the United States and other countries or regions, and absorbing beneficial ingredient for the construction of China’s administrative litigation type system on the basis of summarizing these experiences. The fourth part is the focus and the final aim of this thesis:to discuss the building of the system of Chinese administrative litigation types. Dividing the administrative litigation types must have a unified standard, so the first thing is to have a unified definition of factors to consider to design the administrative litigation types, and then choose the standard model to build the administrative litigation of our country which is suitable for China’s actual conditions. Finally do concrete system designs based on some kind of special administrative litigation types to build the types of administrative litigation system suitable for China’s national conditions.