Research On The Registration System Of Administrative Litigation Of People's Republic Of China

Filing Registration System plays a role as a revolution of prosecution system in our country. It's initial purpose is to protect the right to appeal, as “where is a case, there stands; where is an appeal, there is a respond” helps breakthrough the “filing difficult” predicament. This paper attempts to analysis China's existing administrative litigation filing registration system in both practical and theoretical perspective, drawing on some foreign advanced legislative experience to making the registration of the filing of administrative litigation system optimization recommendations.The change of a system are inseparable from it's own theoretical basis and values, Filing Registration System is origined from the Review Registration System and set rules for administrative lawsuit, so that constitution gives citizens the fundamental rights more effective protective while avoiding disadvantages to overcome the current difficulties of selectively filing under strong administrative court, so that every citizen has an equal opportunity to be close to the court, to make the appeal efficient realized, to make procedural justice and substantive justice come true, and effectively protect the public legitimate rights and interests have access to judicial protection. This is not only to promote the rule of law of the basic requirements, but also deepen the reform of the judiciary to achieve. In the process of judicial reform, we ought to not only focus on local mining resources, but also to the world, using all available resources in the extent.Vitality is inseparable from the continuation of a system of self-evolution and improvement. Implementation of filing registration system dependent, the rate of filing is substantially increasing, in particular in administrative proceedings, while we should review the matter of fact behind the high rate filing. In the initial implementation of a new system, errors interpretation and problems of the new system are inevitable. As a new case handling system, the judiciary may consider filing a registration system that is not required to review the file, but only pursuit of high filing rate; there is also the filing and review of phase separation, that is, receive the case for the prosecution first, and the court filing substantive examination then. It helps ensure a high rate and reduce the actual filing into the trial period. On the occasion of this behavior is the continuation of this behavior is the continuation of a variant of filing review system, it seems to make the case into the proceedings, in essence, and it's a typical case external review. These are actually misinterpretation of the Filing Registration System. At the same time, Filing Registration System also brings multiple difficulties, such as crazy increasing cases, which brought conflict with limited resources; malicious prosecution; abuse of complaints and other problems to the court. And as the increase of cases filing into the proceedings. Some of the must be unaccepted or dismissed because of non-compliant. In this case, in particular cases of administrative litigation, will produce more case of “Letters and Visits”, less appeal, which easily leads to increases pressure on the work of “Letter and Calls”.Faced with these realities, they can not be ignored, other wise the Filing Registration System would be difficult to implement. The Filing Registration System itself should be improved, and effective regulatory supporting measures should be established at the same time. Optimizing the external environment and exploring the Dispute Settlement Mechanism, is necessary to reduce dependence on litigation. As a reform of case acceptance system, Filing Registration System is to breakthrough “filing difficult”, it has already initial success, but still requires a combination of practical experience and advanced legislative experience of foreign countries, to promote the optimization and improvement of the system itself.