A Cross-Country Examination: Administrative Litigation in China and Romania

Abstract

Background: In this article, we have analysed the way in which the balance between public interest and private interest is achieved in administrative litigation in Romania and China. The research aims to highlight the distinct ways of solving the specific problems of this legal institution by the legislator and capitalise on the positive aspects.Methods: The article uses the historical method of analysing the evolution of administrative litigation in the two countries diachronically and the comparative method that explains the similarities and differences existing at the regulatory level in the two systems. The comparison will be based on the law that regulates administrative litigation in each state and on doctrinal and jurisprudential interpretations. Results and Conclusions: Despite adopting the first administrative litigation law in China in 1989, and Romania in 1990 after the r evolution of 1989 and the return to democracy, both countries have made remarkable progress in the last decades. This progress provides assurance for the protection of fundamental human rights in the adoption of administrative decisions and their subsequent judicial control.