西南石油大学学报(社会科学版) ›› 2014, Vol. 16 ›› Issue (2): 80-83.DOI: 10.3863/j.issn.1674-5094.2014.02.014

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Research on the Categorization of Administrative Litigation in China

MO Zhang-qin   

  1. School of Economic Law,Southwest University of Political Science and Law,Chongqing 401120,China
  • Online:2014-03-01 Published:2014-03-01

Abstract:

At present,administrative litigation is not categorized in China,which causes serious problems in overall safeguarding legitimate rights and interests of the administrative counterpart,in achieving procedural economy,and in settling contradictions between executive power and jurisdiction. There are various views and theories in Chinese academia about the categonization of administrative litigation. Among them the most favorable is the “threecategory” theory which takes litigation content as the criteria of categorization. According to the theory,administration litigation can be categorized into the following three categories: annulment of a specific administrative act,compensation for infringement of the lawful rights and interests of a specific administrative counterpart,and verdict of whether a specific administrative act is legal or not.

Key words: administration litigation, litigation category, litigation categorization, administrative subject, administrative counterparts