Study On The System Of Resolving Disputes Substantively In Administrative Litigation

It has been 31 years since the administrative litigation system was born in 1989,and it has been 31 years since the administrative trial,which is the most vigorous development of the rule of law in the People’s Republic of China.In these 31 years,administrative trial has experienced from scratch,from small to large,and has become an important content and symbol of the construction of the rule of law in the People’s Republic of China.In addition,in the past 31 years,the practice of administrative litigation is also facing the crisis of public trust,"difficult to file a case,difficult to hear and difficult to implement".The system orientation of the administrative litigation system itself has not been fully developed,and there is a gap between the legal effect of the administrative litigation system and the ideal of the administrative litigation system,which leads to the misunderstanding of the public on the administrative litigation system,and they believe that the purpose of protecting their own legitimate rights and interests cannot be achieved through the administrative litigation system.The reason why the administrative litigation system is difficult to play its function is that insufficient independence of administrative trial,the deviation of the purpose of the administrative litigation,and the defects of the multiple dispute resolution mechanism.All of the above reasons together make the legal effect of the administrative litigation system unsatisfactory.Therefore,I hope that through the study of ADR system,with the advantages and value characteristics of ADR system,we can promote the further improvement of administrative litigation system.The main structure and content of this paper are as follows:The foreword part describes the research purpose,research status,research significance,research methods.The first part mainly from the practice experience and value characteristics of ADR system to understand ADR,and then analyze the reference of ADR system,in order to analyze the feasibility of using ADR system for reference on the basis of in-depth understanding of ADR system to resolve disputes in administrative litigation in China.The second part mainly analyzes the deficiency of substantive dispute resolution function of administrative litigation in our country,and analyzes the influencing factors of substantive dispute resolution through three stages: prosecution stage,trial stage and after the end of administrative litigation.The third part mainly traces back to the root of the problem,which is the lack of independence,administration and professionalism in the administrative trial itself.From the point of view of the purpose of administrative litigation,there are various teleology of administrative litigation.Different teleology of administrative litigation affects the positioning of the administrative litigation system,and then affects the practice of substantive dispute resolution in administrative litigation.In the fourth part,by referring to the value characteristics of ADR system,based on the positioning of substantive dispute resolution in administrative litigation,aiming at the existing shortcomings of substantive dispute resolution in administrative litigation,the author discusses the specific ideas of improving the substantive dispute resolution system in administrative litigation.