The Improvement And System Construction Of Administrative Lawsuit Prescription In China

As the first threshold for people to institute an administrative lawsuit,the administrative prescription system plays an important role in the juridical practice.In fact,there are still a lot of obvious dispute and difference about the concept and effective application of administrative lawsuit prescription.Therefore,this paper will deeply analyze the problems of the system,explore the reasons of these problems and put up with corresponding modifying views.Firstly,in the first part of this paper,there is a typical case of anti-monopoly which is used to introduce the concept of administrative prescription system.And then,the writer will explain the background and value of this paper by analyzing the current situation of legislation and theory.Secondly,the second part of this paper will integrate the different understandings of each scholar toward the essence of prescribed period for litigation.By doing that,the writer will come to a conclusion about the meaning of prescription system.In this part,the writer will also analyze the history of development of prescription system in two angles.At the same time,the writer will divide the basic components of prescription system into three parts which are the prosecution deadline,the calculation of certain period and the legal effect.In the end,the writer will discuss the different values of the system after analyzing two major theoretical bases which support for setting the administrative prescription system.In the third part of this paper,the writer will investigate the administrative prescription system in different countries like France,Germany,England and America and so on.By comparing the different systems,the write hopes that there will be some excellent experiences for our country.On the one hand,the forth part of this paper will deeply analyze the current administrative prescription system in our legal system such as the Administrative procedure law,the Judicial explanation and other specific laws.On the other hand,this part of the paper will analyze the problems of current administrative prescription system.At the end,the writer will try to complete the integrated framework of the system in China.And then,the writer will put forward some specific suggestions to improve the fundamental principles,range of application,the period stipulation and legal effect of the system.