Improvement Of Legal Remedy System Given By New Amendment Of The Administrative Litigation Law

With the improvement of legal system in China, the administrative legal system is also gradually getting perfect.As the Administrative Procedural Law, Administrative Reconsideration Law, National Compensation Law and Regulations on Letters and Visits unveiled, the general framework of China’s legal remedy system came into being and getting sustainable developing. After then, the modification of Administrative Reconsideration Law, the implementation of National Compensation Law make noticeable, and the formation of Collection of state-owned land, housing and compensation Ordinance contribute to the development of legal remedy system.Administrative Procedural Law was also revised in 2014,which could looking as a milestone in the development of remedy system.The modification involved a large majority of law articles. Not only were the leading principles such as legislative purpose altered, but basic problems concerning administrative litigation such as the qualification of litigation participants and the scope of accepting cases were also modified and supplemented. This thesis is based on this modification as an entry point, from relief perspective,systematic analysis on the modification of The Administrative Litigation Law for the development of legal remedy system.This thesis firstly introduces the legal remedy system,theoretical basis of legal remedy and its specific contents,as well as draws the general framework of legal remedy. Later on, the thesis analyzes the theoretical significance of legal remedy within the scope of administrative litigation from the three aspects of the expansion of the case accepting scope, the systematization of dispute solutions and the improvement of procedural system. The modification of Administrative Procedural Law expanded the remedy scope through the expansion of case accepting scope, which conforms to the development tendency of legal remedy theory and holds more applications and review behaviors, in an attempt to achieve effective restriction on administrative discretional power. In the meantime, drops some artificial settings and restrictions,makes scientific adjustment to the internal administrative relief system, approaching the civil relief system inclusive.Through the systematization of dispute solving system, expands the scope of qualitative judgments of judicial power to administrative dispute, increases the flexibility of administrative dispute resolution, as opposed to a civil relief system, so as to further improvement the administrative relief system And the procedural system of legal remedy becomes more abundant, meeting the requirements of practice.