Rethinking on Principle of Non-stopping the Enforcement of Administrative Act in Administrative Law of Remedies

The principle of non-stopping the enforcement in administrative law is a special principle in administrative remedy system. From the perspective of comparative law, foreign legislations generally show that the principle in its nature is a kind of temporary rights-protection measure for the aim of efficient protection of rights. The basis of China's legislation, however, lies in protecting public interests, lacking consideration of individual interests in the process of administrative litigations. The paper argues that the current legislation should modify its legislation basis in order to meet the requirements of reality as well as efficiently protect individual rights. The key point of this modification is to build a stopping procedure both for the courts and administrative agencies.