FORMATION LOGIC AND PERFECTION PATH OF ADMINISTRATIVE LITIGATION PROSECUTION SYSTEM

Abstract

Administrative litigation endows citizens, legal persons, or other organizations with the right to appeal to the court for protection when their legitimate rights and interests are illegally infringed by public power. The administrative litigation prosecution system is the preface to the operation of the judicial rights relief. China’s administrative litigation prosecution system has experienced a transformation from a case-filing review system to a case-filing registration system. Meanwhile, “difficulty in prosecution” has been alleviated. However, the number of administrative litigation prosecution cases has increased sharply. Therefore, the setting and review of the prosecution threshold should be clarified by judicial relief. With the time limit for prosecution in administrative litigation as a vital procedural threshold in prosecution conditions, we should ensure the dynamic balance between the protection of litigation rights and judicial efficiency. It’s also necessary to study its functional orientation and special system of time limit for prosecution, such as the time limit for prosecution of invalid litigation. The administrative litigation prosecution system is constantly improved in theory and practice. The reform and development of the registration system should take the legislative purpose value of the prosecution system as the starting point. At the same time, attention should be paid to the protection of personal interests and the maintenance of administrative order.