Legislation On Cultural Industrial Development Promotion Act

This article chooses to build for the title of Administrative Court, the purpose is to analyze the necessity and feasibility of the establishment of administrative courts in our country, from the level it ought to investigate the construction of specific administrative court system, implemented as an independent specialized courts administrative court system set up.Since 1990, "Administrative Procedure Law" was promulgated, after twenty years of legal practice, our current system of administrative adjudication exposed many problems, especially in the current context of the rule of law, the existing administrative trial system has been unable to meet a large number of professional and strong administrative lawsuits for fair and efficient administrative appeals trial, therefore, administrative adjudication system is imperative, and the establishment of administrative courts is the administrative trial reform breakthrough. The establishment of administrative courts is to establish an independent court system, which is directly affiliated with the Supreme Court, and subject to the supervision and management, self-contained independent of the ordinary people’s court, the court set up to break the limitations of administrative divisions, from the local government management, people, financial, material vertical management within the administrative court system; the establishment of administrative courts but also to establish an independent, professional, rich administrative experience trial judges and lofty ethics. Such administrative court can effectively defend itself from the ruling party, the legislature, the judiciary, the superior court trial for administrative intervention, safeguard the independence of the Chief Administrative Law Judge of the trial and to improve the fairness and efficiency of the trial, to resolve administrative proceedings filed difficult, tried hard, difficult to perform the "three difficult" problems, optimize administrative dispute resolution mechanism. From a long-term perspective, the establishment of administrative courts in favor of establishing the authority of the judiciary, can be used as a model to achieve full independence of the judiciary and precedent. Visible, the establishment of administrative courts in our country is the proper meaning of the rule of law and government, is an important means of promoting administrative organs according to law.In research methods, this paper uses the method of theoretical analysis, according to the order of time combing the circles on the establishment of administrative courts in our theoretical results, combined with the rule of law, separation of powers, the right to control theory and other legal principles, set out the relevant facts while policy, analyzes the necessity and feasibility of the establishment of administrative courts in our country, from the design of specific system of administrative courts ought level. Secondly, the article adopts a comparative approach, analyzing the history of France and Germany, two different administrative court system, the system features and can learn from the outside mature excellent administrative court system into a system of administrative courts to go.This article lists the domestic research on the administrative court, in-depth analysis, and Germany the current administrative court system, based on the integration and innovation of China’s administrative court system envisioned. The nature and status of a specific system of administrative courts about the design of the three-tier administrative court, the second instance is final forms of organization, in the original Administrative Court expanded the scope of the case by the Administrative Court, enlarging the specific administrative appeal behavior scope envisaged abstract judicial review of administrative acts included, detailing the composition and sources of administrative Court judges on staff composition, and then presented to the Administrative Court to conduct personnel security, financial security, handling quality assurance system to protect these three areas, and finally discusses the administrative court system construction should pay attention to.China is speeding up the Construction of government by law, to promote the administration of justice system, which indicates that the establishment of administrative courts in our country has come to the best historical period, rather than only at the theoretical level to explore.