Judicial Ability And The Scope Of Accepting Cases Of Administrative Litigation

The scope of accepting cases of administrative litigation proceedings has been a hard nut to crack and a rather controversial question as well since it came into being. Judicial practice has been constantly self-amended, self- improved and self-developed, and the research and argument in the circle of theory on the question have been unceasingly enhanced although the legal provisions remain unchanged since the Law of Administrative Proceedings was promulgated. The academic circles and the circles of judicial practice have been making a series of investigations on the scope of accepting cases of administrative litigation proceedings, with the focus of the arguments being whether the existing sphere of cases acceptance for administrative proceedings should be further expanded and what degree it should be expended to. However, the court is confronted with a lot of insurmountable difficulties in handling well the administrative disputes independently and justly within the range of the existing political system. As a result, the court's ability to solve the administrative disputes is subject to many restrictions, and the justice can't exert its due functions, which can't promote the effective and thorough settlement of the administrative disputes within the judicial practice. Therefore, as the scope of accepting cases of administrative litigation proceedings is being expanded, the realistic predicament in the court's solving the administrative disputes should be faced up to. On the basis of improving the court's judicial ability and carrying out the existing the scope of accepting cases of administrative litigation proceedings, the amendment to the Law of Administrative Proceedings should enjoy an active response, and gradually expand the scope of accepting cases of administrative litigation, and the desire to protect the right of appeal between ideal and reality find the path to achieve. and proceedings should be gradually expanded so that the wish to protect the lawsuit rights can be realized.