Study On The Register Booking System Of Administrative Litigation In China

This article is aim at exploring register booking system of administrative litigation in china,so the object of study is limited to the standard,theory and practice of filing(or accepting)in administrative litigation field.(Hereinafter referred to as the "Administrative Procedure Law"),"the Supreme People's Court on the application of the Administrative Procedure Law of the People's Republic of China"(hereinafter referred to as "a number of explanations"),"the Administrative Law of the People's Republic of China" Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Placing of People's Courts(hereinafter referred to as the "Several Provisions")and other documents that have the effect of filing instructions stipulate the legal norms for the registration of administrative litigation,and analyze the procedural law,On the basis of the theory of filing,the use of empirical research methods,inspection H Court in the registration system for one year since the original appearance of administrative litigation,this is "exploration."Based on normative law,hermeneutics and law doctrine,and so on,through reviewing the historical evolution of China's filing system,reviewing the difficult problem of filing administrative litigation,to dig out the amendment of the external representation of the real system,However,the theory behind the hidden standards.Throwing our registration system is a "limited registration system," the core proposition,after the proposed localization of the system to shape the program,this is"study."The first part of this article is titled as China's filing system and the difficulty of filing administrative litigation,involving a review of the history of our filing system and review of administrative litigation difficult base problem.The writing path of the former is combing with the four paths of formation,development,transition and stereotyping.The writing path of the latter is the core of the difficult proposition of administrative litigation,and it is difficult to record the concept of the case.The reasons for the first sort out,and then trigger a follow-up to verify the authenticity of the review process.The purpose of this chapter is to review the history of institutional history through the method of historical research,and to re-question the administrative litigation "the difficulty of filing a case" in theory,to connect the purpose of the system with the solution of the problem for the first time,and then demonstrate whether the system can play a substantive role in the resolution.The introduction of this chapter as a comprehensive content,the main purpose is to explore the causes of system generation.The second part of this article is titled as the model of filing and the system of registration of administrative litigation,which involves the investigation of the mode of filing and the investigation of the registration system under administrative litigation field.The writing path of the former begins with the concept of filing and accepting,followed by the presentation of the four patterns of "freedom-authority and their interaction".The writing approach to the registration system itself is based on A kind of position should be based on the outside of the type of operation of the law,deepened,including system connotation,theoretical basis,institutional characteristics,institutional procedures,system value and other five quality.The purpose of this chapter is to make a preliminary distinction between the concept of filing and the concept of admissibility by the doctrinal research method and normative research method.Through the study of the on-the-spot model and the internal law of the registration system,Trying to integrate the theoretical basis of the registration system on the basis of theoretical resources behind the system,and with the empirical research samples provided below to provide theoretical basis and evaluation criteria.The third part of this article is titled as an empirical analysis of the implementation of administrative litigation registration system,involving the implementation of the effectiveness and confusion of the two dimensions.This paper,based on the empirical research data of H Court,explores five aspects of quantity,efficiency,difficulty,hardware and software construction,and other mechanisms.For the puzzled display of the implementation of the system Strategy,the author will be representative of the misconduct,the case of many people,as a sample of administrative fatigue,concentrated expression of the current status quo problems,patterns and causes.The purpose of this chapter is to make a more objective demonstration of the effectiveness of the system,based on the macroscopic and microscopic examination of the registration system under the field of administrative litigation and the real appearance of the system operation.The content of this chapter is the combination of the results of empirical research and the transfer of results back to the academic context,which is also the focus and innovation of this paper.Through the pave the way of the above theory and the description of the positive picture,the fourth chapter of this article discusses the evaluation and perfection of the administrative litigation registration system.In view of the status quo of the implementation of the registration system in China,this paper puts forward that the core of the system is the "limited registration system",which is the choice between functionalism and oughtness.After a brief explanation,clarification and prospect of the proposition,this paper provides a feasible scheme for the localization of the registration system from four aspects.In particular,the reconstruction of the theory should focus on the internal premise of the filing system theory,and it should be coupled with the background of the judicial system reform in the localized context of administrative litigation.