| On a world scale,negativity afterwards relief beforehand and temporary relief,preventive legal remedy cannot replace each other,together form to the other party full and fruitful rights protection system in a timely manner.There is no doubt that our country has basically met the former two types of protection,but for preventive rights protection is still lacking.This makes for behavior once done will immediately do not respond to the damage cases,because of no legal remedy lawsuit type of legal system in China,people can only sit back causing the damage.Right,so the effective safeguard rights principle will be raised.So,our country administrative litigation system should be designed on the appropriate type of litigation,will not be as litigation system shall be included in the preventive,and to provide relief rights violation occurred before,in order to avoid because of the litigation types of lacking recourse for,to promote the effectiveness of rights relief.What is the author follows "why-how to do" traditional logic system on the structure of this essay writing arrangement.In this paper,besides introduction and conclusion,is divided into four parts.The first part for preventive as the nature of the litigation,mainly solve the problem of "what",including to redefine its concepts and on the basis of the extended its basic characteristics,and its lawsuit type rearranged positioning,make a non-statutory litigation types are gradually clear.The second part for preventive nonfeasance litigation of two law systems.As mentioned earlier,our country existing in administrative litigation,there is no legal remedy to a preventive type,however the relief pattern in the structure of outside no matter from the theory and practical operation are reaching maturity,by comparative analysis of two important legal systems,therefore,investigate its in the country to allow sex outside of disputes,litigation types positioning,applicable scope,applicable conditions,etc.for our country to provide reference for the information.The next two parts as a key part of the article.The third part is the preventive nonfeasance litigation,the legitimacy and feasibility of constructing the "why" question to solve.By interpreting the constitution basis,we consider the value,card into the legitimacy of its construction;By interpreting the theory and realistic feasibility,into the feasibility of its construction.The fourth part for preventive as concrete building of litigation,"to do" problem to solve.First in sharing from two big law system,especially the beneficial experience of continental law system and combined with our country’s legal system and practice on the basis of the condition,in turn,from the start of the program,trial,referees three links of construction process of a complete set of legal remedy.Second is the perfection of related systems discussed the programming. |
