Research On The Definition Of "There Are Specific Litigation Requests" In Administrative Litigation

Article 49,paragraph 3 of the "Administrative Litigation Law" clearly considers "there is a specific lawsuit request" as one of the prosecution requirements.In judicial practice,people courts rule from time to time to reject the prosecution on the grounds that the claims are not specific and unclear.However,because "specific" is an uncertain concept,the plaintiff have great difficulty in clarifying "there is a specific lawsuit".At the same time,the courts often have problems,such as the application of judicial inconsistency standards and lack of interpretation.These difficulties make it difficult for the plaintiff to open the door to litigation.In addition,the enumeration requirements in Article 68 of the Interpretation of the "Administrative Litigation Law" are quite limited,and are rarely used as a basis for definition in referees.In other words,the gap between legal norms and judicial practice urgently needs to be closed."There is a specific lawsuit request" as a unique provision of our country does have its justification.However,when the categorization of administrative litigation relies on the "specific litigation request" clause and exists implicitly,the plaintiff carries a heavier burden of concretization.In a few cases,the people courts also directly indicated that it is the plaintiff 's obligation to choose the correct type of complaint,which can be said to extend the requirements of the specific requirements of the lawsuit in the prosecution element overly.The shadow of "difficult to file a case" has not been completely dissipated.Based on the background of the case registration reform,this article considers the different factors in the administrative litigation that define the "specific litigation request" based on the in-depth analysisof the relevant theory and of the case.The “specific litigation request” will be defined by the“clear form” standard,which means that as long as the plaintiff 's litigation request raises a identifiable claim and meets the formal requirements of Article 68 of the Interpretation of the"Administrative Litigation Law",his or her request should be deemed to be a Specific litigation request ".Chapter One takes 272 Supreme People's Court judgment documents as an example to define the "specific litigation request" in administrative litigation.It analyzes the problem of excessively strict definition of "specific litigation request" in judicial practice,and the statistics of the judicial review of the case,the reasons for the case,the circumstances of the court's application of laws and regulations,and the situation of the court's interpretation were analyzed statistically.Then,after sorting out the reasons for denying "there is a specific lawsuit request" in judicial practice,it was classified into three situations that do not conform to the "one act and one lawsuit" principle,the content of the lawsuit request is not specific,and involves multiple lawsuit requests.At the same time,based on the case analysis,the problems such as misleading concepts,different judgments in the same case,and difficulty in accessing the judicial definition of the "specific litigation request" were analyzed,and the reasons for the excessively strict judicial definition at the end of the chapter were analyzed in depth: first,lack of clarity To define the rules,the second is the institutional burden of the type of administrative litigation,and the third is the court embedding the implicit principle for review.Chapter Two mainly clarifies the theoretical basis and consideration factors that define "there is a specific lawsuit request".First,clarify the concept of litigation request,and distinguish it from the litigation subject;second,analyze the theory of litigation requirements and other factors that should be considered,such as the needs of the people's court for effective trial and the defendant's response,Whether the litigation request can be merged and the resolution of administrative disputes,etc.It provides relevant basis for administrative litigation that should not be too strictly defined as "specific litigation claims".Chapter Three analyzes the relevant legal basis for defining "there is a specific lawsuit request" in administrative litigation.On the one hand,comparing and analyzing similar litigation clauses in Germany,Taiwan of China,Britain and the United States and other regions promotes the use of extra-judicial judicial experience and the improvement of Chinese mainland's legal norms.On the other hand,it makes an in-depth analysis of the relevant provisions in the Administrative Procedure Law concerning how to define "there is a specific lawsuit request".Chapter Four proposes specific standards for defining "specific litigation requests" in administrative litigation,which details the different considerations for single litigation requests and multiple litigation requests.For a single lawsuit request,whether there is a clear and identifiable right claim should be the focus of judicial review “there is a specific lawsuit request”.For multiple lawsuit requests,it is necessary to further discuss on the basis of satisfying the former,and to determine the relationship between the various lawsuit requests with the "collective trial" as a supplement.In the conclusion part,combined with the previous research,it proposed three amendments to Article 68 of the Interpretation of the "Administrative Litigation Law" : The first is to amend the "other litigation claims" clause,suggesting to modify the "other litigation claims" into "other clearly identifiable litigation requests";The second is to amend the interpretation clause of the court,suggesting that in paragraph 3 of Article 68,"If the parties fail to express the claims correctly,the people's court shall require them to clarify the claims" should be amended to "If the parties fail to clarify the claims,the people's court It should be guided and explained ";The third is to add a trial clause at the end of the Interpretation of the "Administrative Litigation Law",which will help to guide the court more properly to the litigation request filed by the plaintiff,so that the people courts will try to resolve disputes in an administrative lawsuit under the framework.