Study On The Administrative Litigation Of Judgement For Overruling The Plead

In 2000, in the "issued by foreign for implementing the administrative procedure law of the People's Republic of China" in the explanation of some issues increased dismissed lawsuit decision and confirmed judgment or ruling, these new judgment situation is essentially in order to make up for a form of practice of the old increasingly exposed out administrative judgments form deficiency. However, after all, the judicial interpretation issued by ten years ago, this judicial interpretation for the promulgation of the judicial practice will surely has important significance and positive role. But in the rule of law, rule of outline for the rapid development and need legal system perfect ten years later today, whether the current administrative procedure law or judicial explanation about the provisions of administrative decision system there are and the practice of the separation or lack of basic theory. For example, as a continental law or common law in China are not and unique maintain verdict form and dismissed lawsuit decision of constitutionality problem, maintain ruling practice in the relief of "defeating counterpart of executive power", "influence flexibility", "beyond the scope of judicial examination" become a problem and so on. The author thinks, confirmed judgment or maintain judgment in some extent meaning are the same. This article through to reject lawsuit judgment and related maintain judgment, the confirmation of empirical analysis and judgment theory discussed and dismissed the action request the relationship with relevant ruling judgment, and legitimate habits review principle relationship problems, and the problem of the relationship between the judicial authority executive power and the decision itself advantages and applicability of the defects such as too narrow a detailed discussion problems, and put forward the perfect recommendations.