The Study Of System Of Preventive Administrative Litigation

Traditionally,the administrative litigation adopts a mode of providing post-facto relief to administrative relatives for administrative rights protection.However,with the continuous development of economy and society,the importance of human rights has become the judicial standard of all countries in the world.At present,China’s administrative litigation mode has not been able to adapt to the current administrative rule of law concept,update the type of administrative remedy is urgent.Germany,Japan,Britain,the United States and other Western countries have long begun to explore the preventive administrative litigation and achieved remarkable results,the formation of a more comprehensive and perfect administrative litigation remedies.Although there are experts and scholars in China as early as the 1990s on the issue of relevant research,but the research is still in a very weak link.Preventive administrative litigation is a key part of the integrity of the protection of rights,which is conducive to keeping pace with the development of the times,achieving the purpose of comprehensive and timely protection,improving the administrative litigation system,and protecting the legitimate rights and interests of administrative counterparts.The study of China’s preventive administrative litigation system,firstly,through the analysis of the case,led to the construction of China’s preventive administrative litigation system of legal thinking.Secondly,analysis of theoretical basis and the exploration of necessity.Once again,as the development of the preventive administrative litigation system has been more complete and comprehensive,such as the preventive inaction suit and preventive confirmation suit in Germany,the injunction suit in Japan,and the preventive writ in Britain and the United States.Finally,on the basis of advanced experience,combined with China’s national conditions,from the plaintiffs subject qualification,the specific procedural design and the relevant supporting system set up the four aspects,the construction of the preventive administrative litigation system with Chinese characteristics of the proposal.