Research On The Preservation System In Administrative Litigation

Under the fair and strict judicial principles, modern litigation is quite long. However with such litigation system the civil right can’t be protected and relived in time. When the final judgment is determined, the civil right has been infringed actually or can’t be realized. Thus improving the preservation system in administrative litigation and giving the litigant by prompt and non-loophole relief are the demands of the construction of a country ruled by law and can’t be ignored. Although with the development of the administrative law our country has made significant progress in the preservation system in administrative litigation, it still has so many problems. As a result it is necessary to improve the preservation system in administrative litigation to protect the civil right in time.Except the introduction the article is divided into 6 parts. The first part describes the meaning, basic content, nature and historical evolution of the preservation system in administrative litigation. Comparing it with the preservation system in civil litigation to analyses the relation and distinction between them.With the key point of two typical cases, in order to the reveal the necessity and feasibility of the preservation system of administrative litigation, the second part describes the basis of the preservation system in administrative litigation in constitutional law and administrative law and analyses the significance of it to judicial practice and the protection of personal right.Third part points out the problems of the implementation of the branches of the preservation system in administrative litigation and the system of it.The fourth part introduced the experience and revelation to China of the preservation system in administrative litigation of German, Japan and Taiwan region.Then the fifth part makes some suggestions about improving the preservation system in administrative litigation of China, such as constructing a scientific system, classifying each branch system accurately, expanding the scope of application of advance execution and establishing the examining path of "claim-reason".The last part is the conclusion and the viewpoints of the author are reiterated.