Research On Chinese Administrative Courts’ Establishment

There are three big problems including hardness of case register, judgement and execution which have existed in administrative litigation for a long time. Neither reformation on judicial institution nor laws revision offers better schemes and measures to settle those problems thoroughly. This is because problems in institution of Chinese administrative litigation are internal, standing and complicated. None of the problems can be settled thoroughly without institutional reformation. Among kinds of restrictive factors, drawback of recent administrative litigation’s institution is the most important inner deterrence and the biggest contradiction in badly impeding judicature’s change to administerization and provincialization. Only administrative courts’establishment can fundamentally settle these problems and advance administrative litigation institution and even reformation on judicial systems.This paper analyzes in detail and closely combines necessity and feasibility of administrative courts’establishment in China, fully researches on historical development, advantages, disadvantages and effects of administrative courts’institution out of our country and the significance to us. It also relates to realities in Chinese administrative litigation and adjusts to establishment of trans-district courts and circuit courts of the Supreme Court, and then analyzes and architecturally designs it at the aspect of administrative courts’establishment in reformation of administrative litigation system to solve these problems and advances judicial system’s reformation more comprehensively and positively.Certainly imitating foreign experience may be not good in China. So establishing administrative courts’institution scientifically and properly which adjusts to Chinese facts is the most proper one. Through research on Chinese modern history, this paper aims to draw foreign advantages which adjusts to Chinese faces, designs a scientific structure model, effective system, independent source of personnel fees, clear judicial examine scope and good protecting institution, so as to make the administrative courts functions at its best level. Based on these principles, Chinese administrative courts will certainly be supervisor to administration, protector to relative person, leader to reformation of administrative litigation system and further advancer to reformation of judicial system.