| The timely relief to the rights and interests of the counterpart is one of the hotspots that the administrative procedure law should be focused on while amending. The temporary legal protection system in administrative action is a kind of temporary legal protection system designed for the counterpart in order to prevent that with time lapsing in the lawsuit will lead to the violation of the counterpart’s rights and interests. The research of this system will further promote China’s administrative litigation rights’ perfection and it makes the administrative procedure law of China justified the new directions of the development of the modern administrative legal system that should put the protection of the clients’ rights in priority. This paper tries to start with the current situation of China’s temporary legal protection system in administrative action and on the basis of proofed it correspond to the legal principle and the need of practice in order to put forward some reasonable suggestions.Part one, to clarify the theoretical basis of the existence of the temporary legal protection system in administrative action, especially the value of this system and its function in practice and put these value and function into the practice of China’s administrative litigation to be considered and examined. At last, we drew a conclusion that the temporary legal protection system in administrative action is in accord with the aim and the development direction of China’s administrative legal construction.Part two, by combining specific cases, to expound the problems of China’s temporary legal protection system in administrative action. And start with these problems, we try to analyze the reason that lead to them. From outward appearance to inner essence, it can be approved by practice that improve and perfect the temporary legal protection system in administrative action not only has great significance to the counterpart but also is an important move to adjust China’s transition and perfection of administrative legality.Part three, use the comparison method to introduce and conclude the excellent experience of extraterritorial temporary legal protection system in administrative action, intended to divide it into two parts, that is preserving procedure and stop execution program to be compared with. And based on the comparison, we conclude some inspirations about how to improve and perfect China’s temporary legal protection system in administrative action.Part four, this part is a conclusion part and is also an innovation point of the whole paper. Through the concrete construction and perfection of the preserving procedure and stop execution program, also combine the reality of China’s current administrative action, we can grasp the overall operation and direction of the reformation and put forward some reasonable suggestions about the scope and the pattern of them. We also summarize the full text and expound the main view of the article again in this part. |
