Research On Preventive Protection System Of Administrative Litigation

Administrative Litigation Preventive Protection System refers to a temporary relief system provided to administrative counterparts in administrative litigation to prevent the execution of administrative actions from causing irreparable losses to them.The thesis first introduces the basic concepts of the preventive protection system,the purpose of establishing the preventive protection system and the functions of the preventive protection system,then analyzes the existence of the preventive protection system from the current legislation and judicial practice in China,the problem mainly involves the impact of the administrative enforcement power allocation on the "non-stop principle of litigation",and the preservation system transplanted to the Civil Procedure Law does not contribute enough to the preventive protection system of administrative litigation.The paper also introduces the advanced experience of Germany,Italy,and Japan in the construction of preventive protection systems.Among them,the program design of the preventive protection system in Italy,the design of the review requirements in Japan,and the provision of temporary orders in Germany have reference significance to improve the Administrative Litigation Preventive Protection System in China.Finally,the thesis combines the legislation and judicial practice in China,and draws on advanced foreign experience to make recommendations for further improving the preventive protection system for administrative litigation in China.The main point of view is to improve the program designrefine the review standards for the suspension of enforcement system,and remove the Property Preservation part of the Preservation System,construct Temporary Order System,clear or appropriately expand the scope of application of the pre-execution.