Research On The Construction Of Military Administrative Litigation System In China

The system of military administrative litigation is the system of legal examination of the administrative acts of the military organs by the judicial organs,which plays an important role in standardizing the operation of the power of the military organs,protecting the legitimate rights and interests of the relative people of the military administrative acts and improving the combat effectiveness of the army.The establishment of the military administrative litigation system in China is an important part of the current reform of the military judicial system.The construction of the military administrative litigation system conforms to China's national defense and military practice,and helps to standardize the operation of military administrative power,safeguard the legitimate rights and interests of the military,and raise the combat effectiveness of the army.The implementation of the military administrative litigation system in our country is still in the initial stage.In the process of building a specific system,we should adhere to the Constitution and the law as the basis,adhere to the absolute leadership of the party to the army,combine the actual situation of our national defense and military construction,take the advantage of the military benefit as the guidance,and scientifically and rationally determine the key elements in the military administrative litigation of our country.In addition to the introduction and conclusion,this paper consists of five parts.The first part analyzes the concepts of military administrative action and military administrative litigation,and analyzes the controversial point of view,thus providing the premise and foundation for this paper to study.The second part demonstrates the necessity and feasibility of establishing military administrative litigation system in China.The fourth part conceive the jurisdiction of our military administrative litigation system from three aspects: level jurisdiction,regional jurisdiction,designation and transfer jurisdiction.The fifth part discusses how to set the prescription of military administrative litigation in our country,and thinks that in order to protect the right of action of the counterpart of military administration,the system of military administrative litigation of our country can establish the suspension of limitation of action.However,the mechanism of interruption of limitation of action is not applicable.