Study On The Establishment Of The Administrative Court Of The Mode Selection And System In Our Country

The judicial administrative power in our country by the local administrative power control and interference, not the normal exercise of administrative jurisdiction, but can not guarantee a fair trial and execution, caused "the loss of credibility, appeal cases decreased year by year, the withdrawal rate increased year by year, there is increasing year by year in administrative litigation petition" phenomenon, which is not the existing administrative litigation system to regulate their own efforts to solve the problem. Reform of the system of administrative litigation has become a current hot topic these years to experts and scholars to discuss. For our country administrative litigation predicament, the scholars in our country at present the most controversial of the administrative court in our country can solve the existing problems of administrative litigation in china. The author based on the summary of the predecessors, from the historical, foreign, culture, system level research on the administrative court system, how to set up a comprehensive analysis of blossom fruit of administrative court system in our country and the necessity of the system design in order to make it in China’s traditional culture and rule of Law: coexistence of land.In this paper, the administrative court, the administrative court is summarized the concept of the rule of law to a certain extent in one place, the pursuit of the protection of the legitimate rights of the individual, the reasonable limits of administrative power, the requirements of administration according to law. The value goal of the administrative court is lawful rights and interests of citizens protection, restriction on the administrative power. At present, our country is still in the traditional culture and the culture of the rule of law. The state, as an administrative litigation system, there is no rule of law culture foundation deep, the rule of philosophy and the idea of rule of law. In this cultural environment, administrative judicial system was set by the management and control of local authorities or administrative power, interference by the executive power, the administrative adjudication is unable to discharge the powers basically normal, the fairness and authority of all gone in the hearts of the people, the existing administrative litigation system has lost the trust of the people, the new structure of administrative jurisdiction, establish its authority has be imperative. Secondly, according to the current situation of China’s administrative adjudication system, analyzed the objective evaluation of the theoretical controversy about the establishment of the administrative court in our country, discusses the necessity and feasibility of our country to solve the current predicament of administrative adjudication system and the value of the establishment of the administrative court. Thirdly, this paper summarized and rational evaluation of the three special administrative court system: one is the administrative court of China during the period of national government carries on the outline and rational evaluation; the two is a summary and rational analysis of the French administrative court; the three is a summary and rational evaluation of Germany administrative court. The reason is that the period of our national government has a certain similarity and continuity with the current culture of the period of national government of the administrative court so that we can learn from history, summing up the lessons, learn the advantages from disadvantages; the administrative court of France and Germany administrative court is the earliest in the world have established administrative court system of the country, the two models are different, but its existence and operation by the support of its people, summary, analysis of the two countries of the administrative court system, has the very good reference for the establishment of administrative court system in our country. Finally, based on the condition of our country put forward program of establishment of administrative court system in our country.