Research On Prosecution Conditions Review System Of Administrative Litigation

The review of the prosecution conditions is a prerequisite for the court to make a judgment and plays a major role in filtering administrative cases?Based on whether the administrative litigation right is a procedural right or not,there are two diametrically opposed camps.One camp is based on the administrative litigation right is a procedural right,they build a hierarchy of litigation,they demands to distinguish between the requirements to commence an action and the substantive requirements of judgment,they think prosecution conditions in the administrative procedure law currently in effect should not include the substantive requirements of judgment,that the review of litigation requirements by the register division raises the threshold for prosecution;another camp is based on the administrative litigation right is a substantive right,they claim that the right to prosecution is conditional,therefore,it is undisputed that the register division reviewing the prosecution conditions.The basic positions of the two parties are different and contradictory,it is difficult for both to form a dialogue in the system.The goal to be achieved by those who support the administrative litigation right is a procedural right is to fully protect the administrative litigation right,the problem those who support the administrative litigation right is a substantive right are facing are that there are far more cases than manpower and the task of trial is arduous,there is an objective need to filter unsuitable lawsuits with prosecution conditions.This article takes the perspective of the division of prosecution conditions review power and review method,expects to establish a platform for dialogue between the two camps,researches the problems in the review system of prosecution conditions,responsively responds to questions of judicial practice.This article is based on the study of the legislative characteristics of the prosecution conditions,the procedural structure of the review,and the adjudication methods,analyzes the problems of the review of prosecution conditions in the practice of administrative trials,these issues include: prosecution conditions are not compatible with the review method,the court do not build a layered filtering system;judicial costs are excessive;unreasonable settings of relief procedures,etc.This article discusses the above issues,analyzes the causes behind,attempts to divide the power of the review of the prosecution conditions,optimizes the selection of refereeing methods and remedies,provides relevant suggestions for the improvement of the review system of prosecution conditions.In addition to the epilogue,this article consists of four chapters.Chapter 1: The definition of prosecution in legal theory.This chapter introduces the various doctrines of prosecution conditions in china,and defines the concept and scope of prosecution conditions,starts with the "Administrative Procedure Law" and its judicial interpretation,overviews of the content of the prosecution conditions;finally,summarizes the function of the prosecution conditions in the administrative litigation systemChapter 2: The procedural structure of the review of the prosecution conditions.Combining the administrative structure of our country's administrative litigation,this chapter combs the procedures structure of the review of the prosecution conditions,discusses the legislative setting and the division of authority between the register division and trial courts,and the court's authority over the review of the prosecution conditions,explains the specific operating methods of the review of the prosecution conditions;combining the authority,scope,procedures of review of the prosecution conditions,this chapter analyzes the corresponding ruling method and its effect;and pointes out the problems in the current review of prosecution conditions in administrative litigation.Chapter 3: Analysis of the causes of the obstacles to the review of the prosecution conditions.By grasping the totality of the case diversion and filtering mechanism in administrative litigation,and putting the prosecution conditions review system into the system of case diversion and filtering,this chapter reveals the dependence of the court on the filtering function of the register division,summarizes the reasons the formation of the procedural structure for the review of prosecution conditions.Chapter 4: Reconstruction of the review of the conditions of prosecution and the improvement of its adjudication method.By separating the requirements of registration and the prosecution conditions,this chapter provides some reference standards for the improvement of the "Administrative Procedure Law" and its judicial interpretation;based on the current "People's Court Organization Law","Administrative Procedure Law" and its judicial interpretation,this chapter divides the powers in the review of the content and competence of the register division and trial court in stages;finally,it proposes relevant suggestions for the supporting mechanisms such as the administrative case diversion mechanism and pretrial preparation procedures.