A Research On Administrative Judicial System

The administrative judicial system refers to the organization system of a country for the administrative trial jurisdiction. It mainly solves the problem that who is in charge of the trial. Good administrative judicial system is the premise and guarantee for the success of the administrative trial. In our country, the administrative tribunals are established in the people’ s court for the trail of administrative cases. This is different from the administrative court system of civil law system, also not equals to the common court system of Anglo-American Legal System. This kind of administrative judicial system has many problems which have seriously hindered the development of the administrative litigation system in China,therefore, China’s current administrative judicial system needs to be reformed immediately.This paper is divided into four parts, using the historical research methods and the comparison research methods.The first part is an overview of the administrative judicial system.First of all, the administrative judicial system is introduced in details from the nature of the administrative judicial system, the connotation and the function of the system. Then follows the analysis of the two different administrative judicial systems: the administrative court system of civil law system and the common court system of Anglo-American Legal System. At last is the comparative analysis between the two kinds of administrative judicial systems.The second part is about the development history of the administrative judicial system in our country. Starting from the origin of administrative litigation system in the late Qing dynasty, the administrative judicialsystem of China has been changed all the years. The development of the administrative judicial system is the product of specific historical environment and has been in debate.The third part carries on the thorough analysis of the current administrative judicial system from both external and internal management system aspects. The current administrative judicial system has many problems which mainly are the lack of independence and specialization.Only to reform the current administrative judicial system, the administrative litigation system could run well.In the fourth part, the current proposals for the administrative judicial system reform were analyzed. The establishment of an independent administrative court is the ideal mode of the administrative judicial system,but it is not the right time for our country to establish independent administrative courts now. The exploration from the aspects of the jurisdiction of the administrative litigation system by the Supreme Court has made some achievements, but at the same time each jurisdiction system reform has different problems. Therefore, in the future we should continue to reform the jurisdiction of the administrative litigation system as well as to modify and improve the corresponding supporting systems.