Research On The Application Of The Mature Principle Of Administrative Litigation

The ripeness doctrine of administrative litigation is the principle of examining opportunity in the modern administrative litigation system,which originated from the case law of the United States.It means that when the administrative act is the end act and has a real adverse impact on the opposite party,it can enter the judicial process only when it is mature.In the administrative procedure law of our country,there is no direct stipulation about the mature principle of administrative procedure,but it is reflected indirectly in some existing stipulations.In the judicial practice of our country,there are also a certain number of typical cases that apply the principle,and the application potential has been continuously expanded.The application of the ripeness doctrine of administrative litigation is to judge the administrative act,and there are two standards to judge the maturity of administrative act: one is the formal standard,which means that the accused administrative act must be the final decision;the other is the substantive standard,which means that the actual adverse effect has been caused to the opposite party.These two standards reflect the value of order and interest,and are also the core of the application value of the ripeness doctrine of administrative litigation,which is conducive to improving judicial efficiency,respecting administrative continuity and protecting civil rights.There are some problems in the application of the ripeness doctrine of administrative litigation in our country,such as unclear definition,different expression of application,insufficient reasoning and argumentation of judgment documents,and misuse and neglect.Our country is a country of written law.To improve the way and level of application,we need to start from the current national conditions,clarify the status of the principle,refine the standard of the principle,strengthen the reasoning and argumentation of judgment documents and attach importance to the role of case guidance.