Research On The Scope Of Accepting Cases On Administrative Suit

It is read extensively that not all the administrative actions of administ -erative institution can be gone into laws in the world. Therefore, there must be a question of the scope of accepting cases on administrative suit, which is the vital important issue involving theories and practices, also the rights of courts that legislatively examination the actions of the executive institutions. Legally rights of citizens, juridical person and other organizations can be protected by it, it can also determines the reasonable divisions of labor among courts, the executive and the organs of power, it is the points at issue these years.With the development of our national politics, economics and social life, especially, joining WTO and plans of administering the country by operation of laws, the mode and the explanations of the scope of accepting cases on administrative suit in force challenged. Protecting the legal rights of person that administered has becoming more and more important throughout the world. This thesis studies the theory and practice of the scope of accepting cases profoundly, draws lessons from the experience and superiority of western countries, judges the theory and practice of the scope of accepting cases of our country, puts forward some advice for perfecting scope of accepting cases of administrative procedure.The article mainly include three parts: preface, mainly body, conclusion. The mainly contents as follow:The first part is foreword. The foreword part introduced the research present situation of our country accepted case limits of the administrative lawsuit, the main problems existed in the the scope of accepting cases on administrative suit of our country and purpose of the thesis.The second part is mainly body, include four section:The normal text of chapter I is Summary of the scope of accepting cases on administrative suit. Firstly, it definitudes the conception of the scope of accepting cases on administrative suit. The scope of accepting cases on administrative suit commonly points to the scope of cases on administrative suit that accepted by the people's court; Secondly, it expatiates the basic mode of the scope of accepting cases on administrative suit, the basic mode of the scope of accepting cases on administrative suit points to a country ascertain the basic fashion or basic system of the scope of accepting cases on administrative suit. Basic mode mainly has two kinds: one is ascertained by lawmaking, the other is ascertained by prejudication; Finally, it illuminates the meaning of ascertaining the scope of accepting cases on administrative suit.The normal text of chapter II is provision and experience of the scope of accepting cases in the system of administrative suit of the foreign countries. Firstly, it introduces the provision of the scope of accepting cases in the system of administrative suit of four countries, France, Germany, America, Britain, French administrative law and case law prescribed, eliminating not belong to administration action in first, then divided remaining relating administration action lawsuit into Administrative Court and Common Court dominating accepted scope; Germany law prescribed, non-constitutional dispute of all Public Law except federal law prescribing it within cognizance of other courts, can be put into administrative lawsuit, and excluding citizen charging administration breaching constitution and property tangles between civil and administration; American Federal Administrative Procedure Act prescribed, all agency actions belong to the scope of the judicial review, only under law prescription exception, namely, only when written law excluding judicial review and administration exerting discretionary right, court give up reviewing. Although it is, Super Court is making judicial review, in the base of weighing all sorts of interests, expanding the scope of the judicial review as possible as it can, in order to protect opposition privy legitimate rights; English case law prescribed, state action, including some government actions refused judicial review in diplomatic aspects, also having some exception clauses of judicial review. Except for this, all agency actions must accept judicial review; Secondly, it summarizes experience of the scope of accepting cases on administrative suit of the foreign countries.The normal text of chapter III is analysis to the present situation of the scope of accepting cases on administrative suit of our country. Firstly, it expatiates the present provision of the scope of accepting cases on administrative suit of our country from two aspects which is provision of lawmaking of the scope of accepting cases on administrative suit and provision of judicature explanation of the scope of accepting cases on administrative suit; Secondly, it discusses the problem and causation existed in the scope of accepting cases on administrative suit of our country. There is a problem that the scope of accepting cases is narrowness existed in the scope of accepting cases on administrative suit of our country. The causation of this problem is a production of plan economy on springhead; on content, abstract administrative act, final administrative act, internal administrative act, act of administrative fact are excluded, no final justice redress; interleaving each other and standard distinctness on provision fashion, for administrative relative person institutes administrative suit setting up confusion obstacle.The normal text of chapter IV is consideration of how to perfect the scope of accepting cases on administrative suit of our country. Firstly, it expatiates the necessity of perfecting the scope of accepting cases on administrative suit of our country. In nowadays world, expandability of administrative power Is a inevitable fact, needing to use power restrict power; With the ceaseless development of our country, rapidness of step on legal system construction, people's right consciousness boost up, especially implement of manage state affairs policy according to law and jointing to WTO, requiring to perfect the scope of accepting cases on administrative suit; In theory fields, a lot of scholars research profoundly, giving firmly theory support to perfect the scope of accepting cases on administrative suit; Secondly, it puts forward concrete countermeasure to perfect the scope of accepting cases on administrative suit of our country, bringing abstract administrative act, final administrative act, internal administrative act, act of administrative fact into the scope of accepting cases on administrative suit.The third party is conclusion. It gives a brief summary to the whole thesis. Hoping that for consummating legislation as soon as possible nowadays when the social development is changing with every passing day and really realizing governing a nation according to law.