The Investigation Report Of Administrative Litigation And Non Litigation Execution In Handan City Court

In the process that Handan city promotes the rapid development of the local economy,the contradiction between the administrative counterpart and executive will be increased. Atthe same time Handan People’s awareness of legal and right are increasing, People’s courts atall levels in Handan City have accepted a large number of administrative cases including theadministrative litigation and non-lawsuit administrative cases. Based on the research of theadministrative litigation and non-lawsuit Administrative cases accepted by people’s courts atvarious levels in Handan from2010to2012, this paper summarizes the basic situation of theadministrative litigation and non-lawsuit Administrative cases and analyses thecharacteristics of those cases, so that we can find the all kinds of problems existed in theprocess of handling administrative litigation and non-lawsuit Administrative cases. It makesan in-depth excavation of the reasons that cause above problems by summarizing, so as tofind out the countermeasures to solve the problem. Besides the introduction and conclusion,the main text of this paper is divided into four parts:At the first, it is the introduction. Regarding the enactment of Administrative LitigationLaw as the guidance, it shows the enactment of Administrative Litigation Law has the greatsignificance to the development of the democracy and legal process in the administrativejudicature in China. Then, combining with the social development of the research site ofHandan City, it presents the considerable development of legal system construction of Handancity, and as an important part of the construction of the legal system in the Handan City,administrative judicature will face more opportunities and challenges.Then the first part of the main body investigates the status of administrative cases inHandan city from year2010to2012. Through the judicial statistics of the past three years ofHandan City, it obtains the quantity, adjudication situations and types of the administrativecases accepted by people’s courts at various levels in Handan City, in which the quantityincludes annual amount and distribution of the situation and the adjudication situationsincludes maintaining, revocation, confirming illegitimacy, invalidity, withdrawal, recalling thelawsuit, and etc.The second part of main body outlines and summarizes the problems existed in copingwith administrative litigation and non-lawsuit administrative cases in People’s court atvarious levels in Handan City from three aspects. The first aspect presents the problems when the cases are excepted; the second aspects presents the problems existed in the trial ofadministrative cases; the third aspects presents the problems existed in dealing with the non-lawsuit administrative cases.The third part of the main body makes an analysis of the main causes of these problemsby combining with the social status and present situation of Handan City’s own. These reasonsare divided into four parts which are the restriction of fiscal and taxation system, thelimitation of administrative litigation legislation, the lack of administrative litigation lawsystem and the "subordination" status of the courts.The fourth part of the main body seeks the countermeasures to these problems accordingto above reasons. This paper gives some advice from five aspects: The first is the angle of theacceptance, in which it proposes to make the accepting standard more clear, but it also has tofulfill the obligation of notification strictly; the second aspect is the jurisdiction, to ensure thegoal of independent justice, it should give attention to the convenience of litigation and thebalance of cases; Furthermore, the next is from the point of view of judicial. It suggests thatthe courts should use the standard of proof flexibility, optimize the court procedure,implement the rules that request the enforcement personnel to appear in court and strengthenthe administrative justice suggestion; the fourth angle is the non litigation implementation. Itsuggests to improve the standard of review, strict the way of review, full measure the of trialwork and grasp the essence of the case; the last is from the aspect of the court trial team. Thepaper makes suggestions that it should improve the political thought of judge, improve theirability to apply the laws, optimize their knowledge structure and improve their trial skills andword level.Finally, the last part makes a conclusion of the whole paper by concise language andhopes that it will be beneficial to the future administrative judicial practice.