Research On Preventive Administrative Litigation In China

Preventive administrative litigation is a special type of administrative litigation.It is the legitimate rights and interests of citizens,legal persons or other organizations.When the administrative organ will make irreversible damages after making certain administrative actions,it has the right to file a lawsuit in the people's court.The court is required to review the legality of administrative actions,prohibit or stop administrative litigation of illegal administrative acts,and it has the characteristics of preventive,direct appeal,and cessation.It is in the timing of filing,supervision and enforcement,and judicial costs and general administrative litigation.There are differences.As a kind of ex ante remedy,it can make up for the shortcomings of the general administrative litigation after the remedy,and fully and effectively protect the rights.This paper quickly grasps the knowledge framework of the research object by combing and summarizing the theoretical knowledge of preventive administrative litigation.By analyzing the theoretical points of rights relief,invalid behavior and effective rights protection,it is concluded that there is a theoretical basis for the construction of preventive administrative litigation in China,and at the same time,theories such as "case,administrative first judgment,litigation interest" may exist.The obstacles are analyzed and tried to resolve.In the research of preventive administrative litigation,most of the domestic literature research focuses on theoretical interpretation.This paper attempts to combine theory with practice,concretely embody the case in theory,adopt empirical data analysis,pass the case of “Nongfushan Spring Frost Gate” and Shandong The analysis of administrative cases in the provinces "Xu Yidong,Xu Yanhe,Xu Yanxin,Xu Yuhua v.Chengwu County People's Government,Heze City People's Government" found that general administrative litigation can not fully meet the needs of judicial practice,and it is feasible to add preventive administrative litigation in the litigation type.Combining with China's national conditions,drawing on foreign experience and combining with the mode of general administrative litigation,this paper puts forward some preliminary suggestions for constructing preventive administrative litigation in China and forms a complete litigation mode.At the same time,the preventive administrative litigation is linked with the relief system of cessation of execution and revocation,so as to achieve the effect of integration with the existing legal system.Through the study of preventive administrative litigation,it can be seen that it is very necessary to construct preventive administrative litigation in China.It is not only a positive response to the actual national conditions,but also benefits from the improvement of the litigation system.