몽골 행정법원의 체계 및 관할사건

Abstract

Rule of Law is essential to the shaping and developing of Administrative Law. And Administrative Remedy System, especially administrative litigation system, supports it in the background. Administrative Remedy System, as you know, plays an important role in Administrative Law and is closely related to the development and settlement of Rule of Law. Like other systems, Administrative Remedy System in a country also varies widely according to its social and historical background. Mongolia was liberated from China in 1921 and took socialism as a government form in 1924. But, after about 70 years, she took a totally new government system, which is based on democracy and the market economy. It gave a big influence to the political and economic system in Mongolia, especially to the Administrative Remedy System. That is, under the socialism, people cannot use the litigation to nullify the unlawful exercise of public power because Administrative Remedy System was not prepared. But the new Constitution in 1992 has the provisions about the foundation and operation, etc. of the Administrative Court. According to the provisions, they started to prepare Administrative Remedy System and the Administrative Court and made the laws related to them in December, 2002 and have implemented them since June, 2004. It can be said that they have operated those systems successfully to see that the number of case has constantly increased from about 500 cases in the beginning to about 2,400 cases these days and the rate of winning suit has been over average 70%. But there are some tasks to be solved. For example, the research to the theory of Administrative Remedy System is not enough mainly for the short of time used, which has influenced the operation of it. It should be solved from now on.