| After 19 times the national congress of the communist party of China will push the construction of country under the rule of law and a service-oriented government in our country an unprecedented height,pay administration to guarantee citizens’ basic living standards,eliminate poverty and promote social harmony plays an important role.However,because of the complexity of the payment of the administration itself and the lagging of legislation,make payment of administrative seriously lagged behind the pace of the construction of the modern service-oriented government,executive pay litigation relief system also need to be improved.So,the modern administrative law theory must be based on executive pay litigation standardization in the face,thinking and combing the problems in the executive pay litigation relief,looking for executive pay litigation relief way,give full play to the judiciary as the last barrier of right remedy.Our country in 2014 to the 1989 edition of the "administrative procedural law" the revision,the content of the general payment decision is added in the new law,and under what circumstances can file a lawsuit,the aspects such as rules of prosecution procedure,to ease the payment issue in the judicial practice could not be in accordance with the circumstances of the plays an important role,at the same time also strengthened the court for judicial review and the breadth and depth of payment of litigation,payment of litigation,after all,is a kind of a new type of litigation,the benefit of lawsuit and the related system is still imperfect,and judicial explanation of "administrative procedural law"and the subsequent nor the content of the referee for payment of litigation and the applicable scope to make detailed rules,which can lead to chaos in the judicial practice.Executive pay litigation relief system analysis and research of the current situation,have what problem and the cause of the problem,and based on the analysis of targeted solutions and Suggestions,and can provide guidance for the judge,in the trial of executive pay litigation judgment terms applicable to provide a relatively uniform standard.Based on the analysis of the above reasons,we are studying and examining twice in 2014 and 2017 revision of the "administrative procedural law" content,analyzed the current executive pay litigation system in our country,also learn to outside executive pay litigation system,such as:general benefit lawsuit system of Germany,the UK’s writ system,Japan stop litigation and litigation,the parties,as well as our country Taiwan province,introduces the general payment of litigation,in turn,points out the current domestic executive pay litigation judgment based on insufficient,with narrower scope of accepting cases,the court in the mediation process with less pay courts three questions,and analyses the reasons of these problems.Finally,the shortcomings of these give three solutions:(1)the trial of executive pay litigation basis,such as:the administrative payment procedures uniform neat,pay in the handling of administrative cases increase administrative principle and the application of the normative documents and policy;(2)broaden the scope of the court’s acceptance of political payment cases;(3)if the case is simple and applicable,the settlement of the conciliation procedure will not harm the interests of the state and other people.On the basis of the consent of both parties,the mediation of the litigation shall be applicable.Innovation of this paper lies in using the positivism analysis method to the analysis of the current domestic payment lawsuit system were situated by the administrative procedure law after the modification and change in front of a contrast,other country executive pay litigation relief system and development of the advanced experience,and combining with the current pay litigation in our country judicial practice,put forward the perfect proposal.Part of this article,however,there are still many to be improved,such as:the payment on the part of our current system and executive pay litigation relief system deeply into skin texture,outside experience not apt combined with payment feature of contemporary China,etc. |
