Research On Licensing Executive Lawsuit

License executive lawsuit, as a important method to solve executive power dispute, hasbeen widely applied in Germany、Japan、Korea and Taiwan. But in our country，it is still newthings，lacks legal rules. In the practice a large number of cases emerged，proposedrequirements to the refinement of the institution. Author take it which is“license executivelawsuit” as thesis title，excavate its theoretical base in depth，furthermore，re-think the existingrules．basis upon Germany、Japan、Korea and Taiwan experiences from continental lawsystem countries and regions after that，propose suggestions to buid our country’s licenseexecutive lawsuit.This paper of27,000words,removing the instroduction,is divided into four parts.The firstpart is The basic theory of license executive lawsuit. In this part，author take the concept oflicense executive lawsuit as a starting point,license executive lawsuit is classified by theaspects of execution expansion and execution limit.Then,the paper analyzes the characteristicsof it.Finally,the nature of the license executive lawsuit were discussed.It is defined as therecognition of Procedure on appeal.The third part is “Major continental law system countries and regions associated regimeinvestigated and Comments”． This section focuses on Germany，Japan、Korea and Taiwanof China related institutions and regulations，sort out the relevant rules of the countries andregions．On that basis，longitudinally to compare，refines jurisprudential features in common，makes a distinguish between different rules，and also profoundly analyzes reasons，seeking toperfect experience which can buid China’s license executive lawsuit.The fourth part is constrction of execution of the license executive lawsuit.This sectionfirst analyzed the necessity and feasibility of the license executive lawsuit,shows that Chinashould establish the license executive to solve executive power dispute.Then,This sectionbased on the previously been laid theoretical foundation，learn mature legislative experiencefrom other countries and regions，combined with the actual situation of China，the authorconduct acomprehensively，carefully thinking，on how to establish the license executive in ourcountry.And,to improve the supporting system were explained in detail to enable license executive better to play. This section, author more details on the procedure rules，such asjurisdiction and so on.