| Administrative litigation provided by the current Administrative Procedural Law is of the nature of ex post facto. It is unable to exclude or restore the severe damage resulted from administrative activities and cannot protect the legal rights and interests of the counterparts effectively, which directly threatens the effectiveness of administrative remedies as well as the steadiness and harmony of the society. The loophole in legislation should be filled up by constructing the new preventive administrative litigation with the nature of ex ante remedy. The preventive administrative litigation conforms to the tenet, purpose and development discipline of administrative litigation system. It can protect the rights and interests of administrative counterparts timely and effectively, realize the ultimate thought and logic of law, and demonstrate the truth of rule of law. From the aspects of enforcement environment, experience accumulation and actual requirements, it is of great urgency for our country to construct the preventive administrative litigation institution and perfect the system of administrative litigations.There are solid theoretical foundations, unequivocal constitutional law grounds and mature experiences from other countries and areas for our country to construct the preventive administrative litigation institution. The substantial principles of human rights and administration by law, the procedural requirements of effective right protection and remedy and the principle of ultimate judgment by judicature, and other legal values and ethnics, constitute its theoretical foundations. According to our constitutional law, our country should respect and protect human rights, should protect the basic rights of citizens such as personal rights and property rights. And citizens can charge against the illegal or delinquent act of administrative organs and their staff. Our constitutional law also provides in several places the supervision upon administration. These all provide it with constitutional law grounds. Moreover, there are many systems of administrative litigation or judicial review with the function of prevention in other countries and areas which can be taken as examples. |
京公网安备11010102006664号 京ICP备2023015853号