| The Administrative Litigation Law of China has established a close and adversary administrative trial mode with such features as distinguishing between right and wrong, highlighting power antagonism, and emphasizing on the leading role of the judicial authority. However, this mode has suffered serious setbacks in the drastic social transformation. In the recent decade, the Supreme People’s Court has changed the direction of administrative trial mode through adjusting the judicial policies continuously. As a result, a new open and cooperative administrative trial mode characterized with promoting the substantive resolution of administrative disputes, achieving sound interaction between the administrative and judicial authorities, and"poly-centralizing" the subjects of the procedure has been taking shape initially.No matter judging from the characteristics of the party politics in China or from the status quo of social development, the open and cooperative administrative trial mode has the comparative advantages in resolving social disputes, maintaining social stability and improving social harmony. Its central theme is deserved to be highly valued in the process of modifying the Administrative Litigation Law. In the construction of the open and cooperative administrative trial mode, the basic principles that the measurable counterbalance is the premise, the mechanism innovation is the key, and that the universal value is the boundary should be adhered to. Further development of the open and cooperative administrative trial mode will not only have far-reaching influence on the modification of the Administrative Litigation Law, but also accumulate experience in seeking our own path to the rule of law in our country. |
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