The Theory Of Fact Review Of Administrative Litigation In Our Country

Administrative litigation in China is a very important legal system, in our legal construction in the process to play a tremendous role, but with the development of our national economy and social changes, some drawbacks of China’s administrative litigation exposed gradually. Investigate its reason is at present our country’s administrative lawsuit system are not perfect and sound, and some of the theory of administrative litigation also has the big controversy. Due to the differences between theoretical knowledge, theory knowledge and the difference between the law have influenced the judicial practice unification, so in administrative litigation appeared on the fact that problem, and the local court at all levels of its own free will to confusion, even is the same home court judges, because people know and judge the different experience, in fact the understanding is also different. For instance, what is the essence of administrative litigation fact review? what is the review standard of administrative litigation fact review? In theory these arguments about have not form a consensus, it may be said is anyone, so many different things to different people. Based on this, this paper intend to administrative litigation from the fact that the basic theory, try to talk about the fact that the behavior of the performance, and the facts and the law of the difference between the two law systems, the fact that the comparative analysis and combined with the situation of our country is put forward to the fact that some of the idealistic proposal, the focus will be on the facts and the law and the problem of the relationship between the two common the fact that problems were analyzed, and can expect to our country the construction of legal system of administrative litigation to put forward some reference opinion, to trigger more thinking.The first part of the paper is on the whole thesis of theoretical analysis, the concept of involved in its meaning to theoretical definition, in order to make clear the meaning of this topic research.Part two of administrative lawsuit is the fact that the comparative study, mainly from the two major national legal system of review mode, standard and differences comparative analysis of the reason.The third part of the thesis expounds mainly the administrative litigation in China at present the fact that the legislation and the current situation, and then analyzes the administrative lawsuits facts existing problems and puts forward the countermeasures to solve the problem, this is the main reason and value goal for this subject research.