Research On The Typification Of Administrative Litigation

Litigation is one of the main ways to resolve social conflicts through legal procedures,and its typification lies in the construction of a typed system to achieve more accurate legal responses to various social conflicts.This response carries the institutional function of providing legal stability for the legal order as a whole and promoting the formation of substantive law.The type of litigation,also known as the category of litigation,is a format of litigation form.The typification of administrative litigation is the condensation of the administrative litigation system,and its purpose is to construct a systematic administrative litigation system,which not only realizes effective supervision over the exercise of administrative power,but also focuses on forming a "right relief mechanism without loopholes".The typification of administrative litigation in China is not mature enough in theory or institutional practice,which is specifically manifested in the lack of administrative litigation in responding to requests for rights and remedies,the imbalance in supervising the lawful exercise of administrative power,and the lack of ability to substantively resolve contradictions and disputes.The construction of the typification of administrative litigation in China has a long way to go.First,based on the three basic types of subjective litigation and objective litigation,named litigation and anonymous litigation,and formation,payment and confirmation litigation,this paper draws on Carl Larenz’s theory of legal types,and discusses the three basic principles of "openness" in my country’s administrative litigation system and Doctrinal analysis of the relevant rules around the basic principles.Combined with the history of the development of administrative litigation in my country and the current judicial practice cases,using the perspective of functionalist comparative law,the current administrative litigation is divided into five types: revocation litigation,compulsory obligation litigation,general payment litigation,invalidation litigation and illegal confirmation litigation.Finally,combined with the above research results,starting from the two levels of jurisprudential evaluation of the original purpose of the legislation and empirical analysis and evaluation of the application,and taking the substantive resolution of administrative disputes as the context,try to analyze the internal system and overall positioning of the administrative litigation typology.Furthermore,it puts forward the legislative idea of constructing the external system of administrative litigation typification and outlines the future normative system of administrative litigation in China,in order to make the administrative litigation system reach the overall state of "the application of a law is the application of a code".