| With the development of society, the conflict between civil rights, jurisdiction and the power of administration has been more and more serious. Due to the influence of the Chinese traditional ideas, the deficiency in the research of administrative litigation and the variance in the range of cases in judicial practice, the provisions considering the standard of accepting and hearing administrative cases are far from perfect. With the development of civil rights and democracy in China, more and more people call for the judicial review on the executive power. When the people release that administrative behaviors, especially those which may have influence on their own rights, shall be under judicial review, the standard of accepting and hearing administrative cases is obtaining more and more attention. Therefore, this paper tries to clarify the range of acceptance of administrative cases by establishing a legal standard.This paper discusses the theory of the standard of accepting and hearing administrative cases in the first part. In the second and third part of this paper, the author analyses the concept as well as the characteristics of the standard of accepting and hearing administrative cases, and reviews the different theories on the standard and the development of these theories in both common law and civil law system. The author also analyses the provisions considering the standard of accepting and hearing administrative cases in current laws. In part V, the author criticizes the "Polycentrism+alternative judicial mode" systematically, and points out that we put more focus on legal standard and the tropism of "rule of law". In part VI, the author, in theory, system as well as practice, explains the particularity of accepting and hearing administrative cases and distinguishes the necessary conditions and the sufficient conditions in accepting and hearing administrative cases, clarifying the issues which need to be reviewed at the premise of insisting on legal standard. |
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