Regulation Of Administrative Abuse Under The Background Of Registration System

In order to reduce the difficulty of lawsuit and guarantee the right of the parties concerned,the fourth plenary session of the 18 th proposed to reform the system of court cases accepted,changing file entry for filing registration system,and for cases which people's court should accept in accordance with the law,do have a case shall be made,have will manage,to ensure the parties litigation right.Through “Administrative Procedural Law” changes,filing registration system to take the lead in implementing in the field of administrative litigation,filing registration system in the field of administrative lawsuit after a year of implementation,the inherent problems existing in the legislation and the lack of corresponding supporting system,making the filing system difficult to get real.The thesis will be based on the judicial practice,through doing research and investigating on the implementation of the administrative litigation filing registration system,and combining with theoretical knowledge to analyze the essential connotation,finally put forward the corresponding countermeasures.In addition to the introduction,this thesis consists of three parts.The first part through analyzing administrative litigation status after the implementation of the administrative litigation filing registration system shows the number of litigation disputes,court rejected cases and abuse of administrative litigation has increased.The second part is analysis from the theoretical and legislative aspects of the phenomenon,which conclude the three reasons of the problems in current.The first reason is the current file system defects in legislation.The legislation concept and legislation condition are unclear and the court filing operation standard is not unified.The second reason is the lack of administrative litigation regulation mechanism,which conclude the reasons of the expansion of the concept of justice for the people,the introduction of the administrative procedure law does not introduce the concept of abuse of administrative abuse of administrative litigation is not punished.The third reason is the low cost of administrative litigation,Mainly in the case of low acceptance fee,the lack of mandatory agency system of administrative litigation.The third part,in view of the above problems and based on its national conditions,combining with the outside of the legislative and judicial experience.Regulate the implementation of the registration system from the following aspects.District to clear the concept of administrative litigation registration system,unified registration system review standards,the establishment of administrative malicious litigation mechanism to improve the cost of administrative litigation cases.