| As for the current categorized administrative litigation system in PRC, most scholars have expressed their negative evaluations. To them, it is due to the fact that the categorized administrative litigation system is stipulated in a non-expressive manner, that the administrative litigation system fails to exercise its full functions. Generally, scholars summarize the functions of categorized litigation system as expanding the scope of jurisdiction in administrative litigation, helping with the expansion of litigation rights, and being benefit to the improvement of litigation structure and procedures. However, all these three functions claimed above are questionable.Firstly, it is mainly the provisions on the scope of jurisdiction that shall determine the acceptability of cases, while the issue of categorization of litigation only occurs in the subsequent procedures. Thus, there is no direct connection between the categorization and the scope of jurisdiction. Secondly, with the promulgation of related judicial interpretations, all the three basic categories of administrative litigations have been established in PRC. For the purpose of improving the protection of procedural rights, it may be considered to introduce the litigation of the confirmation of null and void of administrative act, the post-confirmation litigation, and the preventative litigation, however, the impact of such changes shall not be overestimated. Finally, the fact that the litigation elements can form different structures in different litigation categories is not due to the categorized administrative litigation system directly, but to the structural requirement of such categories themselves. Thus, it does not actually affect the structure and specific procedures of litigation system or its improvement whether such categorizations are expressly stipulated or not.The current administrative litigation system in PRC has already established its own categorized system in a non-expressive manner. In comparison with the expressive manner, the difference only exists in format and thus is insignificant. The reformation of administrative litigation system shall focus on the improvement of the substantial elements of the litigation, instead of its categorizations. |
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