Security Research Of Administrative Litigious Right In Our Country

The right to administrative action,that is,the right to bring an administrative action,refers to the right of the court to provide judicial protection and assistance according to law when the party concerned in the administrative law fails to solve the administrative dispute arising from the existence and exercise of administrative authority.In our country,few scholars regard the administrative litigation right as the main field of study,so the theoretical research of administrative litigation right is in a relatively poor condition in theory.However,for the case of administrative litigation right,it should grasp the subject,object,content and so on Elements.On the one hand,administrative litigation is to prevent the violation of state administrative power and to avoid damage to the personal and property rights of citizens caused by abuse of administrative power.On the other hand,safeguarding the relative authority of prosecution is also an effective way to realiz e their civil rights.As the leader and the result bearer of the administrative act,the administrative subject has an important influence on both civil rights and social administration.After the administrative act has reached the opposite party,it is likely to cause many disputes.Administrative litigation is one of the ways to resolve the disputes.Its uniqueness as a claiming power of disputes is that it is a relative behavior to counteract the public power of the state.Although the "two constant" model in administrative litigation enables both parties There are many provisions in favor of the relatives in the administrative litigation.For example,the administrative litigation can only be initiated by the relative,and the administrative organ does not have the right to sue for instituting administrative litigation.In the constitutional law,there are corresponding provisions on the rights and interests of citizens in prosecutions.The indictment is against the administrative litigation,when the rights of the citizens have been compromised need relief,as far as the law requires,should take into account and realize the citizens' right to relief.This article is divided into the following sections:The first part mainly summarizes the litigation right theory that has been established nowadays.By introducing the litigation theory established in the civil litigation,it studies as the reference of administrative litigation rights.The second part is an overview of the concept of administrative litigati on.Through the compilation of theoretical knowledge and influence elements,and then introduces the concept of administrative litigation,its nature and the significance of safeguarding administrative litigation rights.The third part is to explore the mode of protection of administrative litigation rights outside the country with a view to learn from the extra-territorial model of useful experience and improve the administrative rights protection with Chinese characteristics.The specific content is mainly for the program construction,the establishment of independent agencies,laws and regulations and other aspects of exploration and discussion,combined with China's current administrative litigation system comparison,analysis of the advantages and disadvantages of China's administrative procedures for the right.The fourth part elaborates on the current difficulties in the protection of administrative litigiousness in our country.It mainly focuses on the aspects of the system,the specific procedure and the main body,and finding the real predicament is good for the solution of the problem.The fifth part is to find ways to solve the predicament and improve the protection of administrative litigation rights.Through the revision of laws and regulations,the existing normative system is integrated,the accurate positioning of administrative litigation rights,complete protection procedures,the scope of fine acceptance,the balance of relatives and administration The relationship between the main body and so on,hoping to provide some help for the protection of our country's administrative litigation.