The Study Of Preventive Administrative Proceeding In China —From The Perspective Of Government Information Disclosure

In China,there is no pre-remedy measure in the area of administrative process.However,as a pre-remedy,preventive administrative proceeding which exists in the remedy system of German,Japan,Taiwan,US and USA is for protecting right holder's interests.Remedy system could protect citizen's right timely,effectively and comprehensively is the trend of international government by law.Preventive administrative proceeding's establishment gear to the practical situation of China is not only for going with the international trend but also is for perfecting our law remedies which could realize the goal of protect people's legal right and interests.There are four parts in the study of preventive administrative proceeding,including:Firstly,introducing two government information disclosure cases is to analyze the defect in the current administrative remedy system.Meanwhile,by study the experience to remedy the defect in the main countries and areas of the two law systems that lead in the concept of preventive administrative proceeding.Secondly,the study of preventive administrative proceeding has expanded further.As scholars in China have different opinions on the concept of preventive administrative proceeding,integrating their ideas is to make the definition of the concept.Preventive administrative proceeding allow right holders ask the court judge the legitimacy of certain administrative decision and sentence administrative organs should not make out the decision if it was illegal that prevent right holder's legal interests from irreparable damage.And then,the characteristics of preventive administrative proceeding have been studied.This kind of pre-remedy in German,Japan,Taiwan,UK and USA has been researched comparatively.All these studies above are for establishing preventive administrative proceeding in China.Thirdly,mainly research the foundation of preventive administrative proceeding in China,including theory foundation,practical foundation.Within the development of administrative litigation practice,premier decision theory is not the obstacle for the establishment of preventive administrative proceeding any more.Besides,premier decision theory fluctuate in practice has lay the theory foundation for the establishment.The current remedy system in China couldn't meet the requirement of legal interest's protection is the practical foundation.As there are theory foundation and practical foundation,establishing this proceeding in China is with feasibility.The anti-disclosure of government information procedure,inform mechanism in compulsory housebreaking and some regulations in the intellectual property law have proved that preventive administrative proceeding has developed originally in China.At last but not least,based on the study in the third part,plaintiff qualification,trail process,burden of proof and sentence of preventive administrative proceeding which meet the practice in China have been planned primarily.