Deficiency And Increase About The Supervisory Function Of Administrative Litigation

The characteristics of the administrative litigation function of functionalism, and there are some differences in theory and judicial practice. In the process, the legal meaning of the text also has historical changes through the analysis. This paper argues that China's supervision function of the administrative litigation is not enough attention in judicial practice. The supervision function of the administrative litigation it is showed a lack of problems. This thesis tries to analyze the administrative litigation supervision performance and tries to analyze the reason of this problem and puts forward the path to improve the administrative supervision function.The first part of this thesis analyzes the basic function of administrative litigation from the academic classification of legal texts and evolution. The Supreme People's court work report representation of three aspects of the analysis. And then this thesis briefly introduced the administrative litigation rights protection function, power supervision function, support function and dispute resolution function.The second part of this thesis analyzes the concrete manifestation of administrative litigation supervision function from the empirical perspective and insufficient. By the case number of the maintenance function alienation, the plaintiff, low rate of dispute resolution function. The official show excessive discourse can be analyzed in five aspects, a comprehensive display of the administrative litigation supervision function problem.In the third part of this thesis analysis of the reasons for this phenomenon from the power system level and practical level. And the hierarchical governance mode of our country power system block system and nature. That is embedded in our judicial pattern is embedded in the power structure. The author thinks that the power system model and this leads to compartmentalization of judicial power is the lack of capacity in the administrative litigation supervision system.Analysis the administrative litigation supervision function of the lack of the formation process. From the institutional reasons, the court's strategy choice in the game with other power modules in the power imbalance. Fundamentally, the low status of the court in the power system affects the supervision function of the administrative litigation.The fourth part of this thesis analyzes the administrative litigation supervision function of the path of ascension. From the path, this thesis raised that we should analyze the adjustment strategy of supervisory function in block model and hierarchy governance model. We should improve the status of court in the power structure and establish the mentality of independent trial. Then the ruling party should pay more attention to law and order. We should optimize the discourse system of administrative jurisdiction and establish standing committee of court and enlarge the scope of administrative litigation.Major innovative ideasThe function of administrative litigation was multi functionalism in China and the conflicts of rights could not preventable. The profound reasons which caused poor of supervisory function and selective justice were block model and hierarchy governance model.It was conflict with Chinese reality and political necessity that judicial power was independent of power structure. And independent trial' in action was the crux which could improve the supervisory function of administrative litigation.From the judicial reform, path was the key which can improve the status of court in block model and hierarchy governance model.