On Execution Not Be Suspend In Proceedings Of Administrative Litigation

There is a unique principle that the executive agency action shall not be suspended during the administrative proceedings in the Administrative Litigation Law, which exhibits the legislative intent of protecting the public interests and of safeguarding the administrative order and efficiency. This principle means that during the period when administrative counterpart disobeys the specific administrative act made by the administrative organ and brings a suit before a people's court, specific administrative action won't stop executing. However, the principle of not be suspended administrative action in administrative proceedings and the exceptions encounters challenge of conflicts among different regulations and rules, and especially in practical social issues such as the house expropriation. For the demolition of urban housing, despite the new "Regulation on Expropriation and Compensation of houses on State-owned lands" in 2011 is a forceful promotion, but the comparison of the relevant provisions of the draft and the official text shows that the intellectual doubt. Chinese scholars in administrative law begin to realize the disadvantages of both theoretically and practically, but they pay little attention to exceptions of not be suspended executive action. In the modern society, the principle should balance the interests between the "public " and "private", but not always safeguarding the public interest. In this context, the system of executive activities being suspended pays more attention to the individuals'interests. Therefore, the legislative and legal researchers should take into consideration of matters whether we should adhere to the existing principle or how we improve the legal system of exceptions to the relevant principle immediately. This dissert is divided into four parts according to its structure.Part 1:Case Study and Raising questions.The paper analyses a typical case of the administrative compulsion demolition of urban housing to sum up that executive activity being suspended is applicable to the cases of house demolition and expropriation. Moreover, the paper compares the "Is" with "Ought to be" of the principle and exceptions of not being suspended in administrative proceedings.Part 2:Comments on reflection of the principle of not being suspended execution at present.This paper explores the reasons that it is hard to be applied both in judicature and in administration in practice. It states that the principle of not be suspended administrative action in administrative proceedings is the result of various interests weighed by legislators, and contradicts the system of administrative enforcement and the starting point of protection of human rights.Part 3:Comments on principle of not being suspended administration in Germany, Japan and Taiwan.After comparing the similarities and differences of legislation modes in foreign district, I propose that we should study their useful experiences in order to design the reasonable and effective system by way of measuring public and individuals'interests and combining with the reality of our society and the legislative status quo.Part 4:Improvement and application of the current principle and exceptions. I assent that we should adhere to the principle of not being suspended administrative activities in administrative proceedings, at the same time taking into account the requirements of individuals'rights protection, improving the system of exceptions and realizing protection of basic rights exhaustively.