The Establishment and Implementation of the Reverse Administrative Litigation System under Multidimensional Conflicts
The current status quo of applying civil litigation procedures to"government-versus-civil"cases has led to problems such as unequal rights of action,unfair allocation of the burden of proof,and the failure of the system's intention to supervise the executive power,which need to be resolved urgently.The design incentives of current norms and the source of disputes in academia about the types of procedure application are the little-known historical and cultural heritage of China-the relationship between"officials"and"people"in ancient national political systems and the discourse power left behind in contemporary legal systems.The analysis of this cause reveals the legitimacy of political and legal culture that breaks through the shackles of old theories.And then the technical comparison of the nature of the case and civil litigation procedures are pointed out on the basis of mutual incompatibility,argued that the reverse administrative litigation system of science:affirmative administrative action also belongs to the scope of adjustment of the administrative litigation law,administrative litigation is the government sued the people to obey the administrative policy according to the law of the specific scene,the theory of the subject matter of the diverse administrative litigation with the theory of the common point and the equality of the right to litigation.Reverse administrative litigation is an important system for maintaining the national policy of"administration in accordance with law",and the current administrative litigation law can be brought into line with it by fine-tuning individual articles.After the establishment of the reverse administrative litigation system,an important change that came with it was that the administrative organs in public prosecution cases had to bear more burden of proof in accordance with the provisions of the Administrative Litigation Law,and the procuratorate may supervise both the court and one party in the case-the administrative agency.In addition,the corresponding adjustments required by the Administrative Litigation Law include the expansion of the scope of filing in the dimension of litigation subjects and the further promotion of cross domain jurisdiction systems.
reverse administrative litigationcivil litigationrelationship between government and citizencross domain jurisdiction
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