On The Protection Of Administrative Litigation Rights

Administrative litigation system has openen up a new era of administrative law. With the rapid development of economic,social and democratic rule of law, administrative litigation system has been showing the problems in China, particularly for private party. Research for administrative litigation right should not be limited to the institutional level,but also should be studied from the value of law, human rights protection and fundamental rights of citizens. Administrative litigation right is the premise of administrative litigation system launching, and also a prerequisite for establishing a specific litigation relations.lt is a basic constitutional rights of citizens, as a importent gauge of measuring the levels of judicature and rule by low, administrative litigation right owns it's features as follows:it's public,procedural ang both sides law, closely related to people's substancal rights. Ensuring administrative procedural rights of private part has a tremendous role and unique value in protecting personal freedom and maintaining law and order.It is an effective mean to protect citizens' legitimate rights and is an important guiding principle for the State to design and operate it's litigation system.Administrative procedural rights refers to social rights-holders request the Court of Justice to judge impartially to its assertion of rights according to the preset program by administrative procedure law, including the right to sue, get the power of jurisdiction and access to justice. Democratic politics and society imposed by the rule of law take citizens rights seriously, and the right of administrative action plays an important role in againsting and overcoming personal rule, in restricting powers recklessly, is the important social foundation to governing and administrating by law. Protecting private party's right of administrative action plays an important role for protecting fundamental rights of citizens, supervising the authority of the executive,promoting the constitutional State builde and stimulating judicial reform of our country.The reality is that there are few cases of administrative litigation, low growth rate and low quality of the trial. When confronting the case of administrative litigation, civic party prevails unwilling and afraid to tell, and distrust judgment of administrative case; Executive staff tends to take measures to avoid liability, intervente in the administration Justice, limitate or deprivate people's right to suit; There are many unscientific, imperfect appeals on protection of administrative suit right in relevant legislation; Court Executive fears and bows on the psychological and afriad to hear administrative cases strictly by law.The reason of above phenomena is more than an issue of theoretical studies, legislation, judicial, administrative, laws quality of national and legal systems, but rather a complex that covers a wide range of factors, such as history, law environment, political institutions and the relations of party and government. Therefore, there should also be a system-wide projects to change the inadequate status of right protection, starting with from varieties of factors that restricting administrative appeal protection, to take an overhaul reform. We should strengthen theoretical study on the protecting of administrative procedurel right; and improve legislation in expanding the scope of cases,qualifications to sue, deadline of prosecution and setting standard for administrative case reviewing; should establishment the independent administrative court system, reform the political system, clear relationship between party and government to promote judicial independent; should build the government ruling by law, promote administration according to the law, and improve internal reform of the Court, establish a judicial authority; should improve the sense of government employee and citisions,strengthen oversight and accountability of Justice and administrative,so that, citizens' administrative procedurel right can be exercised smoothly and people's legitimate right can be protected effectively.