On The Administrative Proceedings To Maintain The Judgment

Maintenance verdict is administrative litigation peculiar a sentence form in our country, it refers to the people's court in accordance with the authority of administrative disputes sued the legality of the specific administrative act thorough investigation, think its lawful reasonably and make the certainty that announcement to confirm and support the exercise of administrative power. Foreign administrative litigation system does not exist maintain verdict, whether civil law countries, or countries of Anglo-American law system. At the same time,because of some existing problems with maintain verdict itself and relevant theories support, maintain the lack of administrative litigation judgment of constitutionality is always the theoretical disputes larger topic. Many scholars believe that,themaintain verdicrejected judgment and confirmed judgment are existing repetition, maintain verdict made not legally significance, completely without existing necessary, can request to override the sentence instead. But in favour of retaining maintain of the judgment of scholars believe that maintain verdict has its existing historical necessity of reason and legal meaning, in addition, maintain verdict deeper administrative levels of executive power manifested the judicial power of the support, reflected on social welfare pursuit, it may not also can not be completely replaced.This article first introduced the reason both of retain and abolish,and then combine all scholars point of view, focuses on maintaining the rationality of the existence of judgment in our country, also to claim the viewpoint that the abolition of maintain verdict. In the end, I will point out the problems with maintain verdict in practice, and put forward several perfect conception for these problems.