The Litigation Relief Of Supply Administration

Under the concept of modern administrative law, administrative payment systemhas become an important legal system in which the country can protect the rights ofcitizens to get material assistance and improve people’s living standards. At the sametime, this system can also help the government change its functions. Although China hasinitially established the administrative payment system which focused on theadministrative assistance, the current litigation remedy of administrative paymentsystem still needs a further improvement. As for the administrative payment system,although the internal dispute resolution of administration has its unique advantages,litigation is one of the most important and final remedy, its role to safeguard the rightsof citizens can not be ignored.In2014, China’s administrative procedure law was amended including provisionson litigation about the administrative payment system. The way of prosecution, thereason the prosecution and the execution of the judgment have made significantprogress. On one hand, the litigation relief system was established relatively late. Atthe same time, the relevant laws are not perfect. In judicial practice, judicial reliefsystem are often faced with new situations. In the current environment, China’s existingadministrative assistance system still has many problems. In this article, the authors firstanalyzed the current situation of China’s administrative payment system about litigation.Thus, the authors concluded that the system lacked the detailed classification, the scopeof the case was very narrow and the basic standard of the case was not very clear. Thereare many countries about the litigation model, such as Germany, Japan and Taiwan.Whether legislative or judicial practice, these countries and regions have a lot of usefulexperience. By learning the useful experience of these countries and regions aboutadministrative assistance system, China’s administrative payment system can constantlyto be improved. In the specific practices, China can expand the range of litigation aboutadministrative payment system. At the same time, China can classify this type oflitigation and perfect mediation system. If China can take these measures, the currentlitigation remedy of administrative payment system can constantly be improved andperfected.For these reasons, the author has studied and discussed the payment ofadministrative litigation relief system. The paper combines the new "Administrative Procedure Law", in particular, such as lacking of administrative litigation payment type,the relatively narrow scope of the case, the small scope of mediation, the trial basis for alimited four issues.The paper analyzes the causes of problems. Following thepresentation of the administrative Germany and Taiwan, China and the UK payment ofadministrative litigation system payment relief system, by comparing and analysisingthe system. Finally, learning from the developed countries and regions, administrativepay litigation relief system development experience, combined with the payment ofadministrative litigation system problems.We can take the following measures:1. Toimprove the system premise: to build a special type of administrative litigationpayments. The administrative litigation payments into positive and negative type ofadministrative proceedings based payment paid administrative proceedings, includingthe former’s request for payment of property complaints. The latter including a requestto stop the complaints and request as not as the complaint;2, payment of administrativeproceedings by expanding the scope of the case, including broad-like approach to therange specified by the case can bring an administrative lawsuit unless otherwisestipulated by law. Such a requirement on the one hand to expand the traditional "specificadministrative act" as the center by the scope of the case, it also broke through thepayment of administrative litigation mainly of citizens to protect personal rights andprotect restrictions;3, improving the administrative litigation trial payment basis fromtwo aspects: First, to develop a unified administrative procedural law to pay, through theprogram in the judicial review of the legality of the review, we can make up for a lackof administrative counterpart whether the payment terms of the right to request a trialbasis or not; secondly, the purpose is to insist the premise of priority applicablesubstantive law, the basic principles of administrative law is applicable so as to ensureadministrative payment conditional referees;4, increasing the administrative litigationmediation applicable payment, including paying attention to the administrativeproceedings mediation which can save judicial resources and improve judicialefficiency and reduce the advantages of social contradictions.The innovation of this paper is to combine the new "Administrative ProcedureLaw" in2014, particularly with regard to the China’s administrative litigation paymentrelief system research. When analysising the legal amendments about the originalpayment of administrative litigation system problems, which has not yet been resolvedthese outstanding issues by drawing on extra-territorial system development experience,combining with China’s specific situation. The author want to put forward a sound proposal. However, the inadequacy of this paper combing the basic political andeconomic system of payment of administrative litigation system were not in-depthanalysis, and the system generates is in the soil. Therefore, how to develop theadministrative supply litigation system under socialism with Chinese characteristics inthe background needs to a further research.