The Research On Administrative Supply Litigation Of Our Country

The paper argues that administrative supply litigation means that the plaintiff requests the court to adjudge payment obligations undertaken by administrative subject based on rights of claims on public law. The object of action of administrative supply litigation is not limited to a certain amount of money or material form, including payment of a certain behavior. Administrative supply litigation has four characteristics including diverse litigation species, extensive litigation object,multiple lawsuit function, variability of litigation on both sides. The development and improvement of administrative supply litigation helps to urge the government to fulfill their obligations to enhance the well-being of citizens.It also helps to enrich the types of our administrative litigation to improve.Though research,the paper found that compared with advanced extraterritorial theory and legislative practice, our administrative supply litigation has many problems,for example,not legalizing concept,non-typed payment litigation, narrow scope of accepting cases and inadequate procedures and other issues.On the one hand, it reflects that theoretical study of administrative supply litigation is not sufficient in our country.On the other hand, it also reflects the lack of system of our administrative supply litigation.The purpose of this study is to conclude types of administrative supply litigation under our existing legal regulations, point out that the problems of the system, and accordingly put forward the basic path to improve the system based on elaborating the general theory of administrative supply litigation and introducing the system of extraterritorial administrative supply litigation.Specific system construction are also advised to proceed from the problem, clearly the concept of administrative supply litigation in legislation,regulating the scope of accepting cases of administrative supply litigation in the form of general clause.While we generalize types of administrative supply litigation in our existing legal provisions, we should try to increase administrative contract payment of litigation in payment of property litigation and non-payment of property litigation mainly for administrative factual action. In addition to its comprehensive understanding of the entity content of administrative supply litigation, we also need to design the operating rules of administrative supply litigation, specially, including clear conditions for prosecution(the main thing is to review whether the plaintiff have the right to claim payment of the public law), the burden of proof allocation rules, the application of the expansion of mediation program in administrative supply litigation, and improvement of its judgment mode.Research methods include case study method to better explain concepts or the problem introduced by case,comparative method to reference advanced legislative theoretical achievements of other countries or regions, empirical research method to explore our practices from existing laws in our regulations and policy documents and points out the problem.