On The Judicial Review Of Military Administrative Action

As China's military strength has been enhancing and the pattern of the world military force changes, in order to promote the combat effectiveness of the armed forces and ensure the stability of the army, the scale of China's military actions is gradually expanding with more forms and frequency, military departments has been taking control of the management of the fields which closely related to the national defense such as military training, ideological education, logistics support, personnel management, and the research and production of equipment.In other words, the army maintains the normal operation through the implementation of military administration, plays a important military role which safeguard national security and unity, protect the interests of countries developing, resist the incursion effectively, reaches the purpose that the territorial land, inland waters, territorial seas and territorial airspace are inviolable.At the same time, with the forms and frequency of the military administration behaviors increase, the number of military administrative disputes soars at a geometric speed, the difficulty to resolve disputes also improves significantly. At present, in our country, ways of remedy for the disputes related to administrative management has been divided into administrative mediation, administrative adjudication, administrative arbitration, administrative reconsideration and administrative litigation. And compared with other ways, judicial review, as a means to resolve administrative disputes, is not only beneficial to the protection of relatives' legitimate rights and interests, but also conducive to strengthening citizen's consciousness of democracy and law. Furthermore, it's conducive to scientific and effective supervision to the military administrations executing its functions which have advantages in other disputes solving systems.However, in the field of military administration, we are used to solving the military administrative disputes by military administrative petition, complaint and mediation, which makes a very limited difference. The military judicial review system has been not fully established and included the framework of administrative litigation, and this situation has become the obstacle to alter the armed forces in accordance with the law and strict discipline in the new period. Therefore, it has a very important theoretical and practical significance to research about China's military administrative acts of judicial review, establish a military judicial review system of our country for establishing and improving our national judicial examination system, safeguarding the legitimate rights and interests of the military administrative relatives, improving the administrative efficiency of the military administration.