Text Study Of The Administrative Litigation Law During The Period Of Nanjing National Government

The administrative litigation system has developed two types of typical model up to now.The former one accepts the administrative litigation through setting up administrative courtwhich is parallel to the ordinary court. Concerning the other model, the ordinary courts reviewthe legality of administrative act on the basis of the party’s application on infringementshurting from illegal administrative acts. Traditional Chinese administrative litigation systemcan be traced back to1914, while the laws and regulations related to the administrativelitigation begins with the Pingzhen Courtyard Establishment Ordinance and Recorded Casesin Administrative Litigation, promulgated by Government of the Republic of China. Until thepublishment of Administrative Procedural Law, Nanjing National Government chose toseparate administrative courts handling administrative litigation cases, laying the tone in thedevelopment of China’s modern administrative litigation system. The AdministrativeLitigation Law of Nanjing National Government is the first nationwide practice ofadministrative procedure law norms in the Chinese history. The promulgation of the law notmerely reflects the development and specialization of administrative litigation system, furtherdemonstrating the country’s urgent request of administration by law to the administrativeorgan. The administrative litigation law of Nanjing National Government was playing threebasic functions. The first, supervise administrative authority according to law. The second,picket illegal actions or decisions of administrative organs. The third, provide the basis forpeople’s appeal and request the compensation. Even today, it is covered with grime, while itlights still. For the advanced legislation, we are not confined to benefit from it, eveninvoluntarily feel so shock that Taiwan still uses the law (revised). However, the presentstudies of this law still linger over administrative lawsuit system as a stage of lawdevelopment. In-depth researches have not been made. The author of this paper hopes that theanalysis of Nanjing National Government’s Administrative Procedural Law, can not onlyevaluate its realistic significance and existing problem from the angles of legislativebackground, legal norms, and the enforcement of the law, but also provide useful reference tothe current Administrative Procedure Law of our county.In this paper, the content is divided into six parts altogether. The introduction part mainlystates the source and significance of selected topic, main thoughts of paper, writing background and purpose, summarizing The Administrative Litigation Law of the NanjingNational Government at the same time.Part one,A profile of Administrative Litigation Law of Nanjing National Government.Respectively illustrating the legislation background and evolution of AdministrativeLitigation Law of Nanjing National Government, this paper expounds the origin anddevelopment of this law, accounting for the special background and the implementation of thepolitical environment, and identifies the nature and status of the law, further teases out theinherit and subsequent changes of former method. For one thing, Administrative LitigationLaw of Nanjing National Government promulgated in1932, when the Nanjing NationalGovernment unified China and won a relatively stable and peaceful period. This politicalenvironment just can explain why the law executed for real. At the same time, the internal andexternal thoughts communicated frequently, and the ideas filled with western democratic rulesof law began to widely spread in China, then the people’s consciousness of rights finallyawakened. All changes mentioned above laid important ideological basis for the birth of thislaw. What’s more, Three People’s Principles, Theory of Five-power Constitution, and thedevelopment of the administrative judicial referee lighted the kindling of theory for thecompilation of the law. In addition, from the Draft administrative referee court regulation inthe late Qing dynasty to the Northern Government’s Regulations on the AdministrativeLitigation, administrative litigation system in our country already had preliminary practiced,and the Administrative Litigation Law of Nanjing National Government was exactly based onthe argument to inherit and modify several times.Part two,analysis of Administrative Litigation Law of Nanjing National Government.First of all, from the angle of the external structure, this paper illustrates the positioning ofpublic law system of Six law system and its legislative forms regardless of chapters. Second,the legislative principles of Three People’s Principles of legislation and the relationshipbetween unity and conflict between the law norms were respectively elucidated. Besides,through comparing with extrinsic value, this paper mainly demonstrates the intrinsic value ofthis law: participation, justice, rule of law. Finally, combined with the text of the law ofadministrative litigation, it analyzes subject, proceedings of the administrative litigation,scope of accepting cases of administrative litigation, the referee, retrial, implement andlitigation fees in detail. Part three,The implementation of Administrative Litigation Law of Nanjing NationalGovernment. Mainly through the mode of statistics and contrast, the author expounds thecases accepted by administrative court from three perspectives, re-renders the implementationof Administrative Procedural Law through the interpretation of typical case judgment, andcombines the theory of modern administrative procedure law to make comment on it.Unprecedented numbers of administrative court cases of Nanjing National Government covera wide range of land, tax, water conservancy, storage, education, business, mining, take anexamination of the key, and other fields, and the judgment documents feature detailedspecifications sound explanations and compelling power.Part four,evaluation of Administrative Litigation Law of Nanjing National Government.From the value and implementation of this law, this paper analyzes its pursuit and practice ofadministrative rule of law, reveals the hidden values among restricting administrative power,maintaining order, protecting people’s rights, offering any justification for right relief way andprotecting the value of freedom, even uncovers the existing problems during theimplementation process.Conclusion section makes an overall analysis on the Administrative Litigation Law ofNanjing National Government, and summarizes the contribution of this law: giving avigorous boost to the development of the administrative litigation system; confirming thefeasibility of the administrative court system; enhancing the consciousness of the people’srights and the rule of law; playing an important role in the constraints of administrative powerand supervising administrative organs. On the other hand, the comparison between this lawand our current one draws some revelations of the modification of administrative procedurelaw in our country.