The Research On Administrative Litigation Structure

According to statistics, in the administrative process, the social effect occurs document that 85% of all levels of government to develop the administrative regulatory documents. These administrative normative documents not only the state organs to exercise administrative functions according to law, make an important prerequisite for the administration, but also the majority of our citizens to safeguard their legitimate rights and interests, to achieve an important safeguard their own interests. Although administrative normative documents plays an important role in the administration process, but also prone to abuse of public power in violation of civil rights. Quantity and quality of our current administration is not proportional to the normative documents,illegal or unreasonable administrative normative documents abound, executive appeared not as chaotic as the phenomenon, mostly by way of administrative normative documents appear. Administrative normative documents involving a wide, high-impact,a little lax lax supervision or management, development and implementation of the law once, would seriously prejudice the legitimate interests of the people, and even lead to social instability, the image of the party and the country which great negative impact.Therefore, it is necessary to carry out administrative normative documents regulation and supervision. At present, China oversight of administrative normative documents are mainly oversight of the executive, supervisory authority, monitoring and supervision of the masses of the judiciary in four ways, with respect to the supervision of the executive authority of the executive and the judiciary normative supervision file more feasible and practical operability.Party Fourth Plenary Session stressed eighteen perfect NPC and its Standing constitutional supervision system, a sound interpretation of the Constitution procedures mechanisms, institutional strengthening and capacity building to review the record, all the documents included in the filing and examination of normative scope, undo and correct the law unconstitutional law normative documents issued by local ban file with the legislative nature. Thus, the state oversight of the administrative record normative documents have been enough attention now, therefore, to establish a sound administrative normative documents of internal oversight mechanisms to strengthen the administrative normative documents management and supervision of the construction ofthe rule of law is the main subject of the government. This paper consists of two parts,body and conclusion, the text a total of five chapters. The first chapter is divided into:the significance and the status of research presented in this paper abroad; Chapter 2:From Concept record review, the historical evolution of the record of censorship, the theoretical basis of the review of the record in three basic aspects of the review of the record Introduction to do a detail; The fourth chapter of the legislative statusquo situation and practice by two aspects of the current status quo of regulatory documents filed administrative censorship; the third chapter of the two countries outside the United States and France, the rule of law, our review of the record system made perfect enlightenment analyze and identify problems in the status quo; the fifth chapter of the current situation by drawing studies and national experiences outside, put forward a sound program of administrative censorship filing of administrative normative documents;the sixth chapter is the summarize of this article.