On The Protection Of The Right To Appeal, The Plaintiff In Administrative Proceedings

The appearance of administrative litigation right is inevitable result of our country.In theface of difficult to prosecute,difficult to trial and difficult to execute,we should know thatadministrative litigation right has to a certain degree not been truly possessed by citizens. So,how to protect the plaintiff's litigious rights is administrative litigation vitality. Strengtheningthe safeguard on the plaintiff's litigious rights in administration is of special significance.Chapter one interprets the basic concepts,the meaning and the values of administrativelitigation rights in method of semantic differential, comparative analysis.Chapter two studies administrative litigation right protection in England,in American, inFrance and in Germany use empirical analysis method and comparative analysis. Thenexplains the present situation and the questions existing about the plaintiff exercises thelitigious rights in three stages of prosecution,trial and execution of administrative litigation.Chapter three is a key point of the paper, it emphatically inquire into how to guaranteethe exercise of the plaintiff's administrative litigation rights. The author expounds her pointsfrom consciousness of litigious, legislation and justice and so forth. It comes down todeterming the plaintiff qualification, taking abstract administrative behavior andadministrative omission behavior into the scope of accepting cases, improving the level ofjurisdiction, adding the assize court, case to be tried through summary procedure, thenecessity of the people's jury system and reconstruction of the execution behavior.