The Research On Administrative Litigation Structure

As one of the basic theories of category of administrative procedural law, Administrative litigation structure contains the legal relationship is also one of the core issues of administrative litigation law research. On one hand, the structure of the administrative litigation defined relationships between the subject of administrative procedure and administrative litigation rights and obligations, configuration, related to the purpose and value of play functionality; On the other hand, it is also the administrative case trial system premise, the foundation of administrative litigation activities. Since the 1990 s, China’s procedural law scholars are pay more and more attention to the structure.Now, the “structure” as a word is a common vocabulary in procedural law research.The structure of the administrative litigation refers to in the administrative proceedings, is the plaintiff(citizens, legal persons or other organizations)-- judge(court)-- the defendant(authorized administrative organs and the laws and regulations of the organization) among the legal position, and on the basis of the administrative procedure law the rights and obligations which present relationship between the configuration of the state. The administrative litigation structure is the foundation of how administrative litigation functions and it embodies a state’s administrative litigation system is the most comprehensive, direct performance. Litigation structure of a country is scientific, reasonable, directly determines the country’s judicial structure and operation, and the national public power and personal private rights of the combination between efficiency and quality, and embodies the public power intervention in the social life of the democratization and popular program, plays a key role for litigation democratic and civilized for litigation. An administrative proceeding is achieved substantive rights and obligations through legal means, so the combination of the structure, to a certain extent, can maximize the effectiveness of the system. However, Litigation in our country, academic research mainly concentrated on the construction of the litigation in civil litigation, criminal procedure law, and administrative litigation structure of the research on basic theory of administrative lawsuit system is rather weak. Therefore, to carry on ponder, reflect and perfect for the structure of administrative proceedings is imperative. In this context, this article through to the administrative litigation structure connotation, value and the analysis of the standard to differentiate the type of the administrative litigation structure, mainly expounds the academic mainstream basic pattern of administrative litigation structure, and on this basis puts forward the administrative litigation structure reform in our country ought to be positioned.This paper discusses the structure of the administrative litigation from six aspects. The first chapter is the introduction, is the present study situation of the administrative litigation structure is introduced, and the research methods adopted in writing. The second chapter is the basic theory about the structure of the administrative proceedings, first elaborated the structure exists in the theory of administrative litigation dispute, and then define the concept of administrative litigation structure, and analyzes its relationship with other concepts such as the relationship between the administrative litigation value, purpose, function, based on the analysis of the value of the structure of administrative litigation in China itself. The third chapter is the administrative litigation structure research, is one of the difficult points of this paper. The criminal litigation structure for reference on the basis of study, through the classification of different mode of action structure, mainly elaborated on the basis of summarize the basic pattern of the administrative litigation structure, analysis of the current administrative litigation structure. The fourth chapter is not only the core content of this paper, but also the key of this article. It is discuss the modify of administration litigation structure pattern. Based on the current situation in front of the structure of the administrative litigation in China, suggests that China’s administrative litigation structure need to be modify. And analyzes the factors affecting the positioning structure of the administrative litigation in our country, and then puts forward the ideal location of the administrative litigation structure in china. The fifth chapter is the extension of the paper on the basis of previous research, mainly analyzes the structure of the administrative litigation of our country based on upholding the inquisitorial system, how to improve the system of administrative litigation, how to properly deal with the three party relations in administrative litigation structure in the specific design. The sixth chapter is the conclusion, mainly for the point summary. Only by constantly thinking and exploration, can our administrative litigation structure will be improve, so as to effectively develop the value and function of administrative litigation, and provide theoretical support for the perfection of the administrative litigation system.