On Administrative Litigation Registered With The System

Administrative Proceedings "filed difficult" issue for a long time. Particularity and complexity of administrative litigation increased administrative proceedings "filed difficult" to solve. Administrative litigation lags behind the development of a civil action,Since1989, "Administrative Procedure Law" promulgated, administrative litigation truly become independent from the civil litigation system. Theory of Administrative Litigation is also lagging behind in a civil lawsuit filed Reform of administrative system very little.The new "Administrative Procedure Law" to make significant adjustments to the filing system, since May 1, 2015, the courts registered with the full implementation of the system, which is a milestone in the history of the development of administrative proceedings. But Chinese Administrative Litigation "filing difficulties" because not yet registered with the attempted system is a comprehensive solution to the current filing registration system itself, there are some flaws. By filing system will be reviewed and registered with the system that were analyzed, registered with the system in theory is much better than filing censorship. Through the current "registered with the system," the theoretical analysis, the filing of the registration is still in the transition stage, the essence of "quasi registered with", and the court system since the implementation of a significant impact, resulting in the court administrative tribunal cases appear "blowout", less than the case of malicious litigation frequently, hearing difficulties, difficulties in the implementation of a series of problems. The effective functioning of the "quasi-filing registration system", the remains to be done to improve the following aspects: prosecution shall regulate program standards, filing court set up triage mechanism, the establishment of a negative list system, detailed filing Interpretation rules, after the opening of the case review process to promote the participation of the parties, the establishment of a comprehensive evaluation mechanism and strengthen filing supervision, strengthen the administrative power of the trial and so on. By improving the filing registration mechanism, so that the "quasi-registration filing system" effective operation and achieve its legislative intention, provide conditions for "quasi a registered" to "registered with" the transformation, then solve the administrative proceedings fundamentally "filing difficult" issue effectively protect the right to appeal administrative parties.