2013Administrative law reviewRequires access

New Direction of China’s Administrative Litigation System Develoment

Honglei Li

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Abstract

There are serious defects in China’s current administrative litigation system, causing the inadequate play of its functions, which need perfection by institutional changes necessarily. So it is proposed in this paper that the administrative court should be set up to ensure the independence and impartiality of the administrative trial, the expression of defendants except administrative organs should be changed from ‘the organization authorized by laws and regulations’ to ‘other subjects assuming administrative tasks’, and part of administrative norms should be included into the case accepting scope of the administrative litigation, as well as the review should by strengthened by the court to administrative discretion and administrative interpretation.

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What this paper is about

There are serious defects in China’s current administrative litigation system, causing the inadequate play of its functions, which need perfection by institutional changes necessarily. So it is proposed in this paper that the administrative court should be set up to ensure the independence and impartiality of the administrative trial, the expression of defendants except administrative organs should be changed from ‘the organization authorized by laws and regulations’ to ‘other subjects assuming administrative tasks’, and part of administrative norms should be included into the case accepting scope of the administrative litigation, as well as the review should by strengthened by the court to administrative discretion and administrative interpretation.

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Available abstract

There are serious defects in China’s current administrative litigation system, causing the inadequate play of its functions, which need perfection by institutional changes necessarily. So it is proposed in this paper that the administrative court should be set up to ensure the independence and impartiality of the administrative trial, the expression of defendants except administrative organs should be changed from ‘the organization authorized by laws and regulations’ to ‘other subjects assuming administrative tasks’, and part of administrative norms should be included into the case accepting scope of the administrative litigation, as well as the review should by strengthened by the court to administrative discretion and administrative interpretation.

Key concepts: Impartiality, Discretion, Administrative law, China, Independence (probability theory), Scope (computer science), Law, Perfection

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