Research On The Construction Of Military Administrative Litigation System

Military administrative power, and military authority, military judicial power, military command constitute the system of military power, and occupies an important position in it. Improper exercise of military administrative power to damage the military administrative relative person's legitimate rights and interests, inevitably produce military administrative disputes. In solving the military force of the administrative dispute relief way. the most authoritative, the most just and most conforms to the spirit of \"the rule of law\". is the administrative litigation. However, the reality is that although our troops in frequently in the daily management of the exercise of the military administrative power, objectively there are all kinds of military administrative dispute, but China's military court since its inception, has been the military administrative litigation is not acceptable. This is military judicial system defects and regret. The lack of military administrative litigation system, thus resulting in the army running \"according to the right is not in accordance with the law\", \"people don't/" in accordance with the law, military administrative power too strong, the lack of an effective legal system constraints, illegal military officers and soldiers' legitimate rights and interests by administrative behavior damage after don't have access to the judicial relief, etc. Military administrative practice, due to some military administrative dispute has not been timely, effective and fair solution, even lead to serious consequences such as vicious criminal cases. This article from the implementation of the policy in accordance with the law, effective supervision and the military administrative power, and earnestly safeguard the perspective of military administrative relative person legitimate rights and interests, to establish military administrative litigation the legality, necessity and feasibility of shallow thinking, and on how to establish military administrative litigation system put forward some own ideas and designs. This paper argues that, to the concept of military administrative litigation, should be dealt with as a \"narrow\", the military participants in the proceedings and the case scope of administrative litigation are defined within the army. In the process of establishing military administrative litigation system, should be the introduction of improved the theory of special power relation, both prominent military special of the administrative legal relationship, with scientific delimit military presiding court and the scope of accepting cases of administrative litigation, and emphasizes the necessity of military administrative disputes through judicial means, in order to maintain military administrative relative person's legitimate rights and interests.Military administrative behavior is not the same as relating to defence and foreign countries, from the constitution, the law in our country, the military the attributes of executive power and the requirement of the rule of law spirit, it is actionable. Military administrative litigation system from other countries, can absorb and draw lessons from the beneficial experience. To establish military administrative litigation system with Chinese characteristics, can more effectively safeguard the legitimate rights and interests of military administrative relative person, further improve our army military judicial system, in accordance with the restriction and supervision and standardize the military exercise of executive power, in the theoretical circle is desirable, and in the reality of the construction of the army is under the rule of law is the trend of The Times. At present, to establish the conditions of the military administrative litigation system has been basically mature, should promote its transformation from theory to practice as soon as possible.