LI Hong-lei :New Direction of China’s Administrative Litigation System Development

  2027

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 proposedin 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 Words: Administrative Court; Administrative Norm; Administrative Discretion Administrative Interpretation

Published in Administrative Law Review, Vol.2013.