Administrative Participation In Litigation Research

Administrative litigation is refers to the subject of administrative which according to the provisions of the administrative procedure law and the specific requirements of the people’s courts, and participate in the activities in the course of administrative litigation.Administrative litigation system is refers to the combined that subject of administrative who must be followed in administrative litigation rules.Build a good administrative litigation system has great significance to regulate the specific administrative act, improve the efficiency of administrative and safeguard judicial authority, etc.On May 1,2015, the administrative procedure law of the People’s Republic of China (Amendment in 2014) (Hereinafter referred to as the new administrative procedural law) issued and implemented, make the administrator to appear in court investigations became a focus of theoretical and practical circles.However, the running effect of administrative litigation system in China is not so well because of the influence that attaches great importance to the entity and despise procedure, combined with the current existing problems in the judicial system itself.Therefore, in order to regulating the behavior of administrative law enforcement further more, improving the efficiency of law enforcement, promoting the administrative organ administration according to law,firstly,the system responses to deal with administrative authorities should be defined,determine the administrator should appear in court litigation and traces the historical development process of administrative litigation system.Secondly, through analyzing the present situation of the current administrative litigation system in China, found it is not clearly when defining the responses to the main body and there are conflicts between the administrative head of investigations and agent system;In the aspect of administrative litigation evidence, evidence collection and fixed difficulty,evidence for law enforcement and litigation evidence does not coordinate;In terms of administrative litigation procedure, the preparation system before litigation has missing, the transition between litigation procedures also not close enough;In the aspect of administrative litigation responsibility, the legal responsibility form not clearly when the administrator did not appear in court litigation, and lack of the effective legal restraint.Finally, in view of the existing problems in the administrative litigation system in our country, proposes the corresponding perfect suggestion,Such as:clearly define the administrative litigation and the situation that administrator should appear in court proceedings, strengthening the collection of evidence and the fixed work, pay attention to the reasonable transformation of administrative litigation evidence and administrative law enforcement evidence, establishing relevant preparation system before litigation and strengthen the effective connection between the litigation procedures, Clear administrative responsibility undertakes the way, increase the types of legal liability and so on.Expect it will be helpful to the development of administrative litigation, to offer reference for establishing a modern rule of law government and new trial pattern.