ABSTRACT

This chapter examines the limits of the all with respect to the scope of acceptance and handling of cases by courts, and the process whereby judicial practice has progressively developed ahead of the law. It discusses the shortcomings of the jurisdiction of the courts in handling administrative cases and the subsequent appeal for establishing special administrative courts. The main differences between the adjudication of civil and administrative cases are reviewed. Finally, data is used to illustrate that the number of administrative cases is relatively small as a result of various factors, and that the comparatively high rate of cases won by plaintiffs is largely due to voluntary or reluctant withdrawal. The final section will demonstrate the positive impact of the all upon the courts handling of administrative cases and the challenges that the Chinese judiciary face in improving the currently infantile administrative litigation system.