Socialization Of Public Administration And The Reconstruction Of Scope Of The Subject-matter Jurisdiction In Administrative Litigation

Subject-matter jurisdiction is the foundation of the administrative litigation system. Since the establishment of the administrative litigation system, the discussion on the subject-matter jurisdiction has not stopped in both the legal theoretical field and judicial practice circles. Many terms in the current Administrative Procedure Law such as the subject-matter jurisdiction and etc, have revealed many deep-seated contradictions and structural defects, these defects can not thoroughly solved only by judicial interpretation. So we must face up to the new changes of the subject-matter jurisdiction brought by the socialization of public administration, reflect on the present research methodology, comprehend the plight and its reasons of the current administrative litigation. Then trying to seek for a comprehensive analysis perspective, the thesis makes clear administrative litigation should put administrative disputes-resolution as the goal, puts forward the dispute as the standards of the subject-matter jurisdiction, scientifically sets up the concrete legislation standards of the subject-matter jurisdiction with the legislative method of affirmative generalization plus negative exclusion. At the same time, the thesis suggests appropriately relaxing the restrictions on the plaintiff qualification in administrative litigation as well as expliciting the legislative suggestion of the suability of the act when social organizations undertake the public management, so as to restructure the subject-matter jurisdiction of administrative litigation.The thesis is divided into three chapters:introduction, body and conclusion. The main contents of the article are as follows:The introduction summarizes the background and significances, literature review, research methods and innovation, etc..Chapter One is the origin of the problem--a new subject initiated by the socialization of public administration. Starting from the background of the development and changes of public administration theory, we respectively introduced the conceptual characteristics of public administration and the connotation and modalities of socialization of public administration.Chapter Two conducts investigation on the status of the subject-matter jurisdiction in administrative litigation, respectively analyzes the current legislation of subject-matter jurisdiction in administrative litigation,the legislative stipulations of the plaintiff qualifications and the defendant qualification in administrative litigation.Chapter Three emphatically analyzes the impact of the socialization of public administration on the subject-matter jurisdiction in administrative litigation, mainly embodies in the narrow scope of the subject-matter jurisdiction in administrative litigation, the pluralization of administrative entities, the expansion of defendant qualification of administrative litigation, the bottleneck of relief on non-compulsory administrative action.Chapter Four mainly expounds the reconfiguration of the subject-matter jurisdiction in administrative litigation. Taking the background of the socialization of public administration as the starting point, the thesis mainly investigate the extraterritorial experience on the subject-matter jurisdiction in administrative litigation, put forward the renewal point of the administrative proceedings and points out clearly that administrative litigation should take administrative disputes-resolution as the goal. The reconfiguration of the subject-matter jurisdiction in administrative litigation should make good use of the opportunity of modification of the Administrative Procedure Law, take administrative disputeas the standard of the subject-matter jurisdiction in administrative litigation, adopt the legislative standard of affirmative generalization plus negative exclusion, at the same time, appropriately loosen the restrictions on plaintiff qualification in administrative litigation, and means clear by the legislation that the action of social organizations when exercising the functions of public administration may be suable.The Last Chapter puts forward the view that under the background of the challenges brought by public administration development on the administrative litigation system, the research on subject-matter jurisdiction should seize the historical opportunity of the amendment of the Administrative Procedure Law, along with taking the perfecting research on the subject-matter jurisdiction as an important supporting point, so as to pry up the wheel of the development of the administrative litigation and clearly outlines the track of the development of administrative proceedings.