The Relationship Between Judicial Power And Executive Power In Administrative Litigation

Administrative litigation system is a system of jurisdiction examination, supervise the exercise of executive power, which involved the judicial power and administrative power and for the national public power, the relationship between the problem is that the administrative litigation system and the important difference between civil and criminal lawsuit system. Administrative litigation system in essence to judicial power in some cases involved in administrative power field provides the basis of legitimacy. The judicial power intervention in breadth and depth in the field of executive power, and directly affects the free exercise of executive power and the size of the discretion. In administrative litigation in our country, the judicial power and executive power relations is very chaotic, both show the theory boundary is not clear, and to defer to each other on the system performance. The chaos cause blockages within the running in the system of our country’s administrative litigation, the study of this problem is very important theoretical and practical significance.In this paper, main structure consists of preface, five parts and conclusion. The first part introduces the relationship between judicial power and executive power in administrative litigation in our country present situation and existing problems. First of all, from two aspects of system and the theory of judicial power and executive power relationship status is introduced. Then the problems existing in the relationship between judicial power and administrative power are analyzed, including the administrative proceedings legislation goal orientation is unknown, practice problem is difficult to distinguish between facts, law, the administrative litigation jurisdiction in beyond the limits of necessity and deficiency in the system of administrative litigation supporting four aspects.The second part from the history, concept and system three aspects about the present situation of the relationship between judicial power and administrative power in our administration litigation causes are analyzed. The third part is the relationship between judicial power and administrative power system outside of reference, through the civil law of France, the Anglo-American law system is introduced, the related system of the United States and the Taiwan region to find out which content, it has reference significance to our country’s system.The fourth part to deal with the theoretical foundation of the relationship between judicial power and executive power in administrative litigation are discussed. From China’s national conditions and current situation of the relationship between judicial power and administrative power, points out that dealing with the relation between judicial power and executive power in administrative litigation rationale should be modern separation of powers theory, administrative litigation function theory and the theory of three kinds of control theory. This part through the introduction to the theory itself, analysis its fits with China’s specific conditions, and thus points out that as dealing with the relation between judicial power and executive power in administrative litigation of the rationality of the theoretical basis.The fifth part in the above sections on the basis of the analysis and discussion, put forward the concrete Suggestions to perfect the system of judicial power and executive power relations, including relocation administrative proceedings legislation goal, clear the boundaries of administrative litigation jurisdiction, the distinction between facts and legal issues in the practice and improve the system of administrative litigation related supporting four aspects.