Study On Administrative Litigation Cooperative Act Dominated By Inquisitional System

Although inquisitional system in the context of all countries has different meanings, general academic study in China with the concept of inquisitional system describes the active images of the judge in the proceedings. The administrative litigation of our country has the features of inquisitional system. In the administrative litigation law, the plaintiff and the defendant are rivals, and the court reviews the legality of administrative action in accordance with the law. However, in judicial practice and judicial policy, the court cooperates with the plaintiff and the defendant, non-administrative litigation legal relationship subjects, and the plaintiff cooperates with the defendant. Among all the subjects of cooperative behavior, the status of the court is the most prominent. Court which actively cooperates with other subjects so as to solve the dispute is affected by the idea of inquisitional system.Administrative litigation cooperative act characterized by “coordination” 、“mediation” 、 other cooperative act about “coordination” and “mediation”.Cooperative act has effects of substantively resolving administrative disputes,protecting the interests of the plaintiff and supervising administration. Cooperative act is generated from the judicial practice and judicial policy. Cooperative act also exists in the administrative litigation law: “court coordination” borrow legitimacy from the new clause of expanding the administrative litigation mediation scope, the cooperative act of court and administration and the duty of the court supervising administration is the “paradox of dual co-existence”, the cooperation between court and non-administrative litigation legal relationship subjects conforms to the law to resolve administrative disputes. Cooperative act in administrative litigation highlights the conflicts and fusions between court ontology and the external environment, the traditional legal system and the modern rule of law, westernization and nativization in the administrative litigation system. However, in judicial practice of administrative litigation, cooperative act could be abnormal, which includes rent-seeking and cooperative act rent-setting, deceiving and forcing the plaintiff, and harming public interests. Therefore, cooperative act in administrative litigationshould insist the rule of law, public interests and the limits of due process. At the same time, the ways of implanting communicative rationality, limited cooperation time, standardizing of the effectiveness of nol-pros ruling, strengthening judicial publicity and strengthening the supervision of prosecuting authority could regulate administrative litigation cooperative act.