Establish A System Of Prohibition Orders For Administrative Litigation In China

Prohibition in administrative litigation system, precisely as a prior right relief system, seeks to ensure that the interests of the people concerned. So-called advance interest, that is, administrative decisions or administrative acts of the executive authorities be made, actual damage or have been made but have not yet produced results, administrative relative person of such will be made when the Chief danger of causing harm to the interests of. According to traditional theory, no damage no liability, all damage found to have caused actual damage as a precondition. However,with the development of society,conflicts between the Executive and the administrative relative person more and more complex for such ex ante preventive protection of the interests of the parties is imminent. Building prohibition in administrative litigation system would make the administrative relative person based on prior rights security needs, in advance of the actual damage caused by acts of the executive authorities, that is, requesting the Court to stop acts of the executive authorities made list of the State of things or prevent the administrative act causing irreparable loss or curb the further expansion of the harm caused by an administrative act. For example, the Administration intended to establish an elderly hospital next to a community, claim to seek the advice and consent of the residents in the vicinity, but later learned that objects are consulted from the hospital to further community residents, once the license is issued, it will definitely cause opposition from residents around the close.Reality is often the hospitals have been built or under construction will be around nearby residents know, against or prosecute when there will always be more harm than good. Therefore, for such relief does not achieve the desired effect,we can consider the judicial intervention in administrative proceedings in advance,giving the administrative relative person a right to apply to the Court for a prohibition order,to prevent the damage which has not actually occurred but it will be difficult to restore after occurred.