Probing Into Some Problems In The Reform Of Our Country's Administrative Trial Mode

Criminal, civil and administrative procedure laws are usually considered as three principal procedure laws. But in our country, the development of the three laws is not well-balanced. Especially the administrative procedure law is not developing so well as the other two. Because, in ourcountry, the administrative procedure law started later relatively, and in its early period many regulations and practice consulted the civil procedure law. The administrative procedure law has been promulgated and put into effect for 15 years, but, up to the present, it is still faulty and controversial in some ways. If we say that the three procedure laws stand on three legs like a tripod in our country, the present administrative procedure law is the weakest leg. However, to run our country more legally, theoretical researchers and practicers have started to focus on probing into many problems on the reform of the administrative trial mode. In order to promote the theoretical research on our country's judicial reform, in order to lead the judicial circles to probe further into the reform of the administrative trial mode, so as to fit for the new situation and the new problems which appear after our country joins WTO, this thesis begins with looking into the reform of our country's administrative trial mood, then analyzes some problems existing in the reform, and finally proposes some advice and make some suggestions.The whole thesis divides itself into four sections.The first section simply and generally depicts our country's administrative trial mode, and simultaneously gives the concept, the historical evolution and present actuality of administrative trial mode.The second section simply analyzes the necessity of the reform of ouradministrative trial mode, and points out the principles the reform should follow.The third section is the most important part of the whole thesis. It analyzes more deeply and probes into some problems in the reform of our country's administrative trial mode. The first problem is about the orientation of the trial mode in the reform of our country's administrative trial mode. The next one is about the "one step to the court" in the trial mode. The last one is about offering, questioning and validating the testimony in the court. After analyzing these questions, this section offers some suggestions.The last section of the whole thesis points out the developing tendency of the reform of our administrative trial mode and looks to the future of the reform in prospect.