몽골「행정소송법」의 현황과 개선방안

Abstract

The role of Administrative Authority has been strengthened much more as the roles and functions of a government have been expanded. Thus, the possibility that the administrative authority could be abused has also been increased while the possibility that violations against the freedom and rights of the people has been increased. Therefore, it can be said that the ways of securing the people’s basic rights and of materializing the constitutionalism to prepare for a system for protecting the rights and benefits of the people of a country that are infringed due to an illegal or unjustifiable execution of an administrative authority Mongolia had been a socialist state until its socialist constitution enacted in 1924 was revised as a liberalist constitution in 1992. Since a democratization movement was generated after the Mongolian Democratic Union(MDU) had been organized on December 10, 1989 in Mongolia, the national system changed from the socialism system to a democratic system and a market economy one. After that, the constitution was revised in 1992 as a new one, the democratization was completed. Therefore, it can be said that the people’s awareness of the constitutional control over the execution of administrative authority and the remedy for violation of private right is not fully matured as well as the institutional arrangement is in its infancy. Therefore, this study is intended to find out the status and deficiencies of the Administrative Litigation Act of Mongolia and to suggest an improvement method of the Administrative Litigation Act of Mongolia for the future.