Administrative Proceedings (not) To Stop The Implementation Of Institutional Research

The system of stopping or not stopping executing agency action in the Administrative Procedure Law is a unique system of administrative remedy system. As one of the important part of temporary rights- protection system, it plays an important role in the entire administrative procedure system. Many countries and regions in the legislation provides for the system. Broadly speaking, there are two major legislative models, one is principally stopping executing agency action, which is represented by Germany. The other is principally not stopping executing agency action, which is represented by Japan. The latter is the mainstream in legislation. The system of administrative litigation system in China is relatively simple, and there are conflicts between the relevant provisions. Legislative disharmony causes chaos in judicial practices and results in theoretical arguments. Therefore, the legislation should select which legislative model should China take and improve the system. Based on legal system abroad, this article points out that the current conflicts in legal system and theoretical arguments are all caused by this two legislative model debate. After an analysis of the theoretical foundations and the values of both legislative models, this article concludes that the model selection should be taken on the concrete conditions of a country, that is the legislators' balance of public interests, private interests and other interests. Furthermore, based on the backgrounds of legislative model of China and the comparison of the rulings of two legislative models abroad, this article concludes that China should adhere to the principle of not stopping executing agency action. Meanwhile, the legislature should pay more attention to the system of stopping executing agency action in order to reflect the respect and protection of the private interests. In the end, this paper designed the system of stopping executing agency action from two aspects, one is the substantive requirements of stopping executing agency action and the other is the procedure of deciding stopping executing agency action.