A Research On The Execution Of Administrative Litigation Proceedings

Since the Administrative Procedure Law has been promulgated and executed in China,administrative disputes have a new way to be solved---administrative litigation.With the development of administrative litigation system in China,the number of administrative litigation cases is increasing year by year.But it does not mean that administrative disputes have been effectively resolved.If any referee has not been implemented,not only administrative dispute is not resolved,but also will damage the authority and credibility of the judicature.The execution of administrative litigation proceedings is a weak link in the administrative litigation procedure of our country.Because of the identity difference between two parties,the court has different implementation method and measures between plaintiffs and administrative organs.In 2014,Administrative Procedure Law of China has been amended for the first time,and effective as of May 1,2015.And there are some new executive regulations about the execution of administrative litigation proceedings,which led author thinking about the current situation and development direction of it.The paper falls into six parts: The first part mainly introduces the reason for selecting “execution of administrative litigation proceedings” as the topic,the value and significance of the study,the present situation of the study in China and abroad.The second part introduces the concepts and characteristics of the execution of administrative litigation proceedings.This part also analyzes and compares the similarities and differences between the execution of administrative litigation proceedings with some similarity administrative litigation.At the same time,it analyzes the value and purpose of the execution of administrative litigation proceedings.The third part analyzes the current legislation of the execution of administrative litigation proceedings in our country.This part summarizes the current situation of legislation and the contents of legislation,and paves the way for the later study.The fourth part starts with the relevant data and cases,and summarizes the current situation of the execution of administrative litigation to the administrative organs.And it analyzes the possible negative influence.At the same time,it analyzes the reasons,and makes the following suggestions more targeted.The fifth part analyzes the situation of execution of administrative litigation proceedings abroad and in the Hong Kong,Macau and Taiwan,concludes the enlightenment to us.For study on abroad,the paper while differentiating the continental legal system and the common law system.Meanwhile,draw the conclusion of enlightenment considering about the current situation of execution of administrative litigation in Hong Kong Macau and Taiwan,and take into a critique,the advantage place and our country system design which tallies up a system to establish can draw lessons from these places.The sixth part makes suggestions on how to perfect the execution of administrative litigation proceedings in our country.After analyzing the principles that should be adhered to and comparing the various modes of he execution of administrative litigation proceedings,combined with the specific actual in China,puts forward the concrete measures to perfect the execution of administrative litigation proceedings in China.