Seeking a virtuous cycle of development in the administrative litigation system

Author: Zhang Shuyi, Editor-in-Chief
Publisher:
Publish Date: 2000-11-01
Features: The nature of administrative litigation itself, whether in terms of legal systems or the specific operation of these systems, despite various shortcomings, while recognizing its difficulties, we may also see the potential for a virtuous cycle. The Administrative Litigation Law of China was essentially formulated in the absence of practical administrative litigation experience, which is a common dilemma for countries with a tradition of codified law, especially for those that frequently break from tradition. This deficiency has led to the legal scholarship in civil law jurisdictions, characterized by codified law, placing great emphasis on theoretical construction. Behind every magnificent code, there is a search for a solid theoretical foundation to guide the formulation of codified law and to address its shortcomings. In the formulation of China's Administrative Litigation Law, administrative law research has, in fact, influenced this process. The theoretical classification of abstract administrative acts and concrete administrative acts as the practical standard for determining the scope of administrative litigation reflects a strong academic flavor. In terms of process, this can be seen as the push of theory on legislation, but theory must also be tested by practice. Unforeseeable problems are also inevitable.