Research On Preventive Administrative Litigation System

Preventive administrative litigation refers to a litigation in which an interested party requests the court to institute an administrative litigation to review the legality of the disputed administrative act before the administrative organ has made an administrative act or the administrative act has not been enforced yet,so as to prevent the realization of an illegal administrative act in the end.As an ex ante relief measure,it is a supplement to the traditional relief measures of administrative litigation.At present,the right protection mode of our country's administrative procedure law is mainly the relief mode after the event,and lacks the preventive relief measure in advance.Based on the comprehensive protection of the people's rights,the construction of preventive administrative litigation system is the inevitable requirement of the reform of our administrative procedural law system.In addition to the introduction and conclusion,this article will demonstrate from the following four parts: The first part is an overview of preventive administrative litigation,mainly on the concept,characteristics and theoretical basis of preventive administrative litigation,fully explain the legitimacy of the construction of the system;The second part is the analysis of preventive administrative litigation system abroad,mainly to analyze the civil law system and the common law system of preventiveadministrative litigation system,which has been tested and effective measures,and combined with the reality of China's legal environment,to build a preventive administrative litigation system in line with the status quo;The third part is the analysis of preventive administrative litigation system in China,which is mainly theoretical and practical difficulties,the right of first administrative judgment theory and the principle of administrative maturity,in theory to resolve the contradictions,in practice to resolve the conflicts with legislation and not to stop the implementation of the system;the fourth part is the construction of our country's preventive administrative litigation system,from the scope of the case,the plaintiff and the burden of proof,review standards and types of adjudication.