Administrative Litigation Policy In China

Administrative litigation policy abounds in the administrative proceedings,and has a profound and far-reaching impact on administrative litigation practice.However,there are rare study about this phenomenon.The author defines the concept of administrative litigation policy,analyzes the necessity of its existence,combs the way into judicial practice,and takes the system of the Chief Executives Appearing in Court as an example to study the evolution of the administrative litigation policy,which plays a positive role to deepen the understanding and expand the vision of administrative litigation policy.Based on the definition of law,policy,legal policy,justice policy and so on,the author defines the concept of administrative litigation policy,and puts forward that the administrative litigation policy is a kind of guidance or standpoint or attitude that countries maintain to deal with the administrative proceedings,and is the code of conduct and guidelines for the Party and the country,people's congresses and their standing committees,courts and prosecutors and other administrative proceedings to achieve a particular goal in a certain period.And the author also analyzes the characteristics and forms of administrative litigation policy.Administrative litigation policy in contemporary China is not the occasional man-made social phenomenon,but an inevitable existence of various reasons.The author analyzes the necessity of administrative litigation policy,including historical gene,the need of development of Chinese economy and society,and the plight of the present judicial system.Study on ways of entering into the judicial area is an important part of the administrative litigation policy.There are three main ways: form of law,judicial interpretations or judicial documents,and the value judgment of judges in the trial process.As a new system in the law construction procedures with Chinese characteristics,the system of administrative leaders appearing in court is a typical administrative litigation policy.And the system of chief executives appearing in court and participating in proceedings is that when the administrative relative person take proceedings,the head of the administrative organs should participate in the trial as a defendant.The system of administrative leader appearing in court has gone through the evolutionary process which is from the folk creation to the system supported by the state,from benign breach of regulations to official law,from the administrative promotion to the judicial promotion,and achieves the purpose of solving the administrative disputes substantively.In the end,combined with the national conditions and the development of the legal society,the author prospects the administrative litigation policies from the perspective of institutional development.