On The Deficiencies And Improvements Of The Administrative Litigation Judgment System In China

The administrative litigation judgment system which is the core of the administrative procedure law doesn't meet the need of administrative cases now. It's necessary to make the use of empirical analysis method to study the types of the administrative litigation judgment system, find the deficiencies of it and propose some ideas and suggestions to improve it. The structure of the paper is as follows:1 Combing of related concepts of the administrative litigation judgment systemDefineding some concepts related to the administrative judgment, such as administrative judgment,types of administrative judgment and administrative litigation judgment system.2 Current status and deficiencies of administrative litigation judgment system in ChinaDescripting and analysising current status of administrative judgment from overall,established types and trial practice, and combing deficiencies of administrative litigation judgment system from theory, system and trial practice, showing a brief analysis of such current status.3 Factors need to be considered in improving administrative litigation judgment system in ChinaLegislative intent,type of administrative proceedings,case range,legal traditions,plaintiff claims and other factors are analyzed; there is also the inspection for overseas administrative judgment system, such as France. Germany. Japan and Taiwan.4 Improvement of administrative litigation Judgment system in ChinaAnalysising and evaluating revocation(including redo) judgement. changed judgement,implement judgement,banned judgement,maintenance judgement,confirmed judgement,circumstantial judgement,denied the plaintiffs claim of judgment one by one against trial practice, and proposing suggestions and comments to improve it.