Research On The System Of Administrative Litigation Filing

As a starting point for the parties to start the judicial process,the effective implementation of the functions of the prosecution directly affects the protection and protection of the right of prosecution.There are two main types of filing system,namely,the case filing system and the registration system.In the filing system,and there is a "case model"and "censorship mode" and "absolute" and "complaint registration mode" and other legal mode.The new "administrative procedure law" in response to the the fourth Plenary Session of the 18 th CPC Central Committee court system reform policy in fifty-first and 52 of the new registration on the terms.However,there are forty-ninth basic issues which are closely related to the system of administrative litigation filing,that is to say,there are still some problems in the administrative litigation.From the nature of the system,the current administrative litigation filing system can only be defined as a "quasi registration system";the model,does not belong to the registration system under the kind of complaint registration mode".The basic point is should reduce administrative proceedings prosecution conditions,and establish the "complaint registration mode" in the filing system,so as to form a registration system on the real sense,and effectively protect the legal rights of the parties.In terms of structure,the article follows the following ideas:The first part summarizes the function and mode of administrative litigation filing system,the file system has started the procedures of administrative remedy,administrative cases,litigation subject screening enhanced the awareness of the rules,and analyzes the relationship between file system and filing mode,the filing system "case model" and "censorship mode",the "absolute" and "complaint registration mode" interpretation.In the second part of the case review system abolition or not,the current legislative situation of the system of accepting the case review after the proposed current filing system can be defined as "registration system",and the case model is limited to semantic level"complaint registration mode",actually followed the filing review system the lawsuit mode".The third part reflects on the existing mode of administrative litigation filing system,although the existing model has achieved certain results,but still a lot of problems,such as legal provisions,the existence of conflicting case review standards are not uniform and filed between court and administrative court function disorder and other issues.The fourth part that administrative litigation "complaint registration mode" is justified,can effectively protect the administrative litigation and the end of the court and will not lead to selective filing,administrative abuse of litigation risk.Of course,the transformation of the low order of prosecution is the basis of the model.The filing procedure operation mechanism of the fifth part of the perfect "complaint registration mode" analyses that should clear the court filing within the Department and the examination standard,the optimization to the improvement and construction of supporting and "complaint registration mode" measures.