Study On Improving Verdict Methods Of Administrative Litigation Of PRC

The administration verdict method is the fundamental purpose of the administrative litigation legislation . whether it can protect the legal rights of the parties to the suit ,is the unique standard to judge its rationality .The current verdict methods of the administration litigation in our country includes: maintenance verdict, rescindable verdict, modifiable verdict, implemental verdict, etc. However, it still has obvious defects. Aiming at solving this problem and protecting the legal interest of the litigant to the administrative litigation. The author, by exercising substantial and comparative method , analyses status quo in our country ,draws lessons from other countries, proposes feasible suggestions, with the purpose to polish and improve the current way of verdict in administration litigation .What is worthy of mention is that the author puts forward new verdict methods and feasible suggestions to this aspect: cancelling the maintenance verdict and confirming the legal and effective sentence; extending the scope of modifiable and rebuttable sentence; making the condition to perfect the modifiable and re-act verdict definitely ;making sure the implement of a verdict .And in terms of circumstance verdict ,the principle and keys we should have in mind is that how to judge the public interests and measure the interests of the two parties , how to definite the scope of remedial measures and the condition of feasibility , how to find remediable ways if one party concerned doesn't put forward indemnification request before the court. .The circumstance verdict should use verdict method by pronouncing against the appeal rather than confirming it illegal. In the last ,the author also suggests to establish restriction verdict, in-the-middle verdict, from for sentence, promise verdict and non re-act verdict in administrative litigation..