The Study Of Design Of Prevention Administrative Litigation

Currently, the administrative litigation of our country is still depends on the remedy proceedings, so the lawsuit can not protect people from the actual damage. However, once some administrative acts or facts behavior had been implemented, the irreparable damage would be created.we can see from this that in some exceptional circumstances, the traditional remedy proceeding can not protect the administrative counterpart’s legitimate rights and interests in a Comprehensive and effective way. In china, the urbanization growing so fast, contradictions like housing demolition happen very frequently, so that, people have to pay more attention to the protection idea of personal rights and property right. The traditional administrative litigation is an negative relief mechanism which only focus on the unlawful administrative acts. It cannot achieve a positive preventive effect if only rely on the remedy proceedings. look on those countries and regions which with a developed legal system, they have already been based on the right protection concepts of effective and integral, building the related preventive administrative law, and have already formed a rich theoretical framework and achieved a wealth of judicial experience. In view of these, our country should follow the relief right’s purpose of effective and integral, learn the legal system from the advanced experience of developed countries to establish a preventive administrative litigation system with Chinese characteristics which allowing administration counterpart to file suit when one administrative act is made but not implemented yet. so it can prevent irreparable damages happen, gain a new preventive proceeding in current China. With describing the theory of preventive administrative proceedings, hoping this paper could fully demonstrate the necessity to establish a preventive administrative proceedings in China, which consider China’s national practical, by comparing and learning the extraterritorial law and practices to put forward some initial ideas in a suitable scope, action type and so on. Hoping to be able to do some useful exploration, to improve the administrative litigation’s process.