Study On The Establishment Of Administrative Court System In China

As an important part of the administrative trial system, the administrative court system originated in France, and then it has been widely promoted in other civil law countries such as Germany, Italy and Belgium. This system reflects the ideas of “separation of powers” and has promoted the independence of the judiciary, realized the power of control, human rights protection and judicial specialization capabilities, thus played an important role in promoting the construction of administration ruled by law. We should fully learn extraterritorial related outcomes and establish the administrative court system with Chinese characteristics. It can not only enable the Court to adapt the characteristics of highly specialized administrative cases, but also help enhance the macro position and influence of the administrative court in the national political system, with which the current court system cannot be comparable.According to the characteristics of China’s current administrative trial system and the existing political system, the establishment of administrative court can basically refer to the following two modes. The first is to build a relatively independent administrative court system within the existing constitutional and legal framework, and the second is to build absolutely independent administrative court system by amending the constitution. The defect of the second mode is that this system is difficult to reconcile with our existing political system. For this reason, I prefer the first mode, under the direct leadership of the Supreme Court, the establishment of specialized administrative court has considerable feasibility.This paper specifically provided some conceptions of administrative court system in China, such as organizational structure of the administrative court, the scope of the case and financial settings. The recommendations such as the expert advisory committee system and administrative public interest litigation were suggested. It also pointed out the three relationships that should be clarified between the administrative court and the ordinary courts, intellectual property courts and railway court. Based on the above considerations, establishing administrative court system not only can effectively solve the shortcomings of the existing administrative trial, but also help build a “Great Wall” for the independence of administrative court system, thus promoting the realization of “Rule of Law” and “Rule of Constitution”.