Brief Research Of Preventive Administrative Litigation

The exotic concept of preventive administrative litigation imported has drawled the attention of the Administrative Procedure Law research area in China, accompanied by the in-depth study and research of the categorization of administrative litigation. The preventive administrative litigation refers to: an action for an injunctive order may be filed only in cases where any serious damage is likely to be caused if a certain original administrative disposition or administrative disposition on appeal is made. Facing the increasingly well-formed legal system, the idea of “where there is a right, there is a remedy” is deeply rooted among the people. We could not require the people to wait until the illegal administrative acts made, as some specific right would be unable to restore to the original state or to be relieved. The preventive administrative litigation system should be formed imperatively under such circumstances.The specific concept of preventive administrative litigation would be carried out from the domestic research according to the development. The proper theoretical basis and the theoretical obstacles would be clarified. It would introduce some foreign experiences from the view of Japanese Administrative Procedure Law such as the theory and the statutory requirements. It would be put forward into the conception of the administrative litigation system of China, after the analysis of the practical condition and of related concepts.