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Research on Centeral Issues of China’s Administrative Litigation System

Author: ZuoWeiWei
Tutor: LvHong
School: East China Normal University
Course: Constitutional and Administrative Law
Keywords: administrative litigation system administrative jurisdiction among different places court of claims
CLC: D925.3
Type: Master's thesis
Year: 2009
Downloads: 302
Quote: 1
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Abstract


Administrative litigation is the very foundation of administrative proceedings for complainant’ s right protection. The long-year practice has strongly proven China’ s jurisdiction is dependent. This article try to find some benefitial rules to the administrative litigation and also, to reframe the administrative litigation system,by analyzing the actual states combined with the up-to-date judicial interpretation.About 3 innovations are achieved: The author combines his experience with theory by using positive analysis. Besides, a thoroughgoing research on administrative litigation is conducted, which is combined with the latest judicial interpretation. The most outstanding highland of this article is a further sweep on administrative litigation system, not only on those regular but fragmentary issues.This article is divided into four sections:The first part is a summary of China’ s basic administrative litigation system. Those definition, principles of plot and characters will be expounded by analyzing actual legal provision.In the second part a series of phenomena and possible reasons of the actual administrative litigation system will be set out. The author make a profound probe into the internal flaws from five angles: notion, power, status of tribunal, court system and relevant regulation.The third part is based on the second part. Scenario about to boost administrative litigation system is demonstrated, then critcised, including trial level elevation, judicial area partition, 3-grade final judgment, circuit court, jurisdiction among different places. The author is particularly focused on jurisdiction among different places, hoping a meaningful comparison with the conceive about court of claims will be a help.Several personal prefered suggestion and ideal conclusion is in the last part. The author puts forward reasons, disputes and tentative plans on the establishment of administrative court. In author’ s opinion, the most effective way is to solve all those factors which has a deep control on administrative trial’ s equity and efficiency.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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