The System Of Administrative Litigation Case Study

As an important system in the administrative litigation, withdrawing an action is widely applied in judicial practice. It is not only an important embodiment of litigious right exertion, but also an important means of concluding a lawsuit by the court. Whether the withdrawing system is scientific and reasonable concerns the guarantee of the parties’ legitimate rights and interests, and the maintenance of normal litigation order. Since the current system includes many problems, the reformation should be done inevitably.This article suggest to improve the judicial countermeasures in many different ways based on current situations in China and foreign countries advanced experiences, through analyzing the current implementation of the system status and summarizing the problems in the system of administrative withdraw. While improving the system, we should protect legal rights of parties as the purpose of legislation, respect the principle of disciplinary right, adhere to the principle of procedural justice, maintain neutrality principles, and pursue the efficiency of lawsuit principle. We should also put forward the application of withdrawal around specific conditions, clear the content and scope of the application for withdrawal examination, after withdrawal of limitation and provisions of the rules to Sue number again, as well as withdraw system surroundings. In addition, For establishing the scientific and reasonable charge dropped system, we need to build administrative reconciliation systems, decision systems and other supporting systems, as well as to give full play to its security legal rights of parties and safeguard judicial justice function.