Research On Voluntary Action In Administrative Procedure Law

The typification of administrative litigation is the trend of the twentieth century.For example,many continental law countries in Germany and Japan have established the type system of administrative litigation in substantive law.By stipulating several judgment modes in Administrative Procedure Law and enumerating specific litigation requests in judicial interpretation,China has also established the litigation type system of administrative litigation.Although the type of litigation is backward,there are few types,and there are many problems in its application,it belongs to the progress of the system after all.Among them,the problem of obligation litigation is particularly complex and prominent.First,cases that belong to obligation litigation are sometimes understood as other types of litigation.Secondly,it is not necessarily possible to make judgments on performance of duties when hearing according to obligation litigation,which leads to the fact that the rights of parties in obligation litigation can not be effectively protected and administrative disputes are difficult to resolve.Legal research must be based on practice.This paper strictly follows the provisions of the current Administrative Procedure Law,chooses the cases examined by the Supreme People's Court to study the application of obligation litigation and corresponding judgments on performance of duties.Because the theory of administrative litigation and civil litigation is related in the type of litigation,this paper also tries to solve the obligation from the perspective of payment litigation.Consider the issue of litigation.This article is divided into four parts: the first part introduces the general theory of litigation types,first of all,makes a macro-theoretical framework;the second part discusses the differences between litigation of obligation and litigation of obligation and other types of litigation,which not only avoids confusion among different types of litigation,but also strengthens the understanding of litigation of obligation in the distinction;the third part studies litigation rights and reasons of litigation of obligation.Possibility,comparison and similarities and differences of payment litigation;Part IV proposes solutions,how to avoid the problems in the above-mentioned obligation litigation.Five problems have been raised and solved in this paper,including: how to distinguish between the types of litigation of obligation and other litigation;theelements of litigation of obligation;the elements of litigation of adjudication obligation;the scope within which the judgment of performance of duty should be applied;and the extent to which the judgment of performance of duty needs to be clarified,and the issues related to litigation of obligation have been fully discussed.