Improvement of China's Administrative Litigation System: Practical Research on the Amendment of the Administrative Litigation Law

Author: Jiang Bixin
Publisher:
Publish Date: 2005-07-01
Features: With the continuous deepening of judicial practice and the growing awareness of rights among the public, the Administrative Procedure Law formulated under the planned economy has become inadequate in many aspects to meet the needs of the new situation. Especially, many of the current problems and obstacles encountered in administrative litigation are closely related to the legislative flaws of the Administrative Procedure Law. Therefore, systematically and thoroughly studying how to improve the Administrative Procedure Law has become an urgent task. The newly published book "Improving China's Administrative Litigation System" is the final outcome of this research, divided into eleven chapters. Following the structure of the current "Administrative Procedure Law," it argues and elaborates on eleven aspects of issues. In terms of the administrative trial system, it primarily studies how to improve the administrative trial system; regarding the scope of cases, it focuses on the justiciability of administrative acts and public power acts, such as abstract administrative acts, internal specific administrative acts, and administrative acts beyond the scope of personal rights, property rights, etc.; in terms of jurisdiction, it emphasizes how to address local protectionism and administrative interference; concerning parties to the lawsuit, it focuses on the qualification of the plaintiff; in terms of evidence, it studies the evidence rules that reflect the characteristics of administrative litigation; regarding filing and acceptance, it emphasizes further protecting the procedural rights of the parties; in terms of trial and judgment, it focuses on how to improve judgment methods and litigation procedures; regarding enforcement, it primarily addresses the review standards for non-litigation enforcement; in terms of administrative compensation, it emphasizes the fairness and effectiveness of administrative compensation, among other issues.