A Study Of Maturity Principles In Administrative Litigation

With the continuous development of the administrative litigation system and the continuous expansion of the scope of cases,the standards of ripeness principle have also developed,reflecting the improvement of the value of the protection of the rights of the counterparty.In the process of administrative litigation,the timing of judicial review is a pre-problem,and the principle of ripeness is an important tool for analyzing and solving this problem.As one of the important principles in the modern administrative litigation system originated in the United States,the ripeness principle is of great significance for coordinating the relationship between administrative power and judicial power and promoting the normal performance of judicial functions.Although the ripeness principle is an imported product,its localization process has taken more than ten years,and its connotation is constantly changing,providing an important contribution to the development of administrative litigation.In recent years,the theory of administrative litigation law has increasingly discussed the protection of the rights of relatives.Scholars have made continuous breakthroughs in theory and objectively consolidated the foundation for the development of ripeness principles,so that the ripeness principles have a basis from theory to practice in our country.The ripeness principle has provided a legal and academic basis in the judicial practice of our country.The emergence of the Supreme People’s Court Guiding Case No.69 is to plan the path for the application of ripeness principles.However,the role of the ripeness principle in my country’s administrative litigation is still limited.As a statutory law country,the application of this principle is exclusive.Although the relevant legal provisions have the connotation of ripeness principles,the ripeness principles without statutory support are not in judicial application.Different from castles in the air,the persuasive power is greatly reduced.Since the ripeness principle originated in a country based on case law and did not exist in an accurate statement,but embodied in a case in the form of case law,its self-evident concept should be expressed in accurate words to express the existence of theoretical and linguistic obstacles.The various concepts related to the ripeness principle have been explained when it is applied in our country.The ripeness principle,actual impact,and substantive impact are mixed and applied,and there is no uniform standard.Moreover,in judicial practice,due to the inconsistency of the concept itself,various concepts in the judgment document are confused.Similar cases not only use different concepts themselves,but also apply different standards.This directly impacts the authority of law and judgment documents,which makes the maturity principle take root in China to bring huge obstacles.The author hopes to use this article to sort out the legal and legal basis that embodies the ripeness principle,and provide support for the application of the ripeness principle in case judgments.It also defines the localization of related concepts in the Chinese language,sums up the ripeness principle,actual impact influence,and substantive influence,which are the most easily confused concepts in judicial practice,distinguishes the connotation,and clarifies the role of different concepts,To solve the problem of confusion in the use of concepts in practice,to achieve the seriousness,authority,and stability of the application of the ripeness principle,and to lay a foundation for the standard delineation of the ripeness principle.The most important application of the ripeness principle is its " ripeness " standard.On the basis of the unification of concepts,through the categorization of administrative litigation,different ripeness standards are proposed for different types of litigation,different thresholds for accepting cases are set,and the current situation is expanded.Some actually affect the meaning of the standard,and play the role of the ripeness principle of judicial power and administrative power,so as to better realize the timely relief of the rights of the counterparty.