Judicial Suggestions In Administrative Litigation Under The Concept Of Judicial Activism

In recent years, with the advance of "serving the overall situation, Judicial Activism" concept of justice, fairness and justice and social development to the people’s court not only confined to the real case, but the court may find the work of relevant departments of the loopholes and weak links as in the case of the trial, to urge the relevant units and individuals concerned matters for rectification, to prevent similar incidents from happening again.Although the administrative judicial suggestions by the people’s court to extensive use of administrative proceedings, but due to the lack of theoretical support, but only as a working method in the courts or skills. This paper studied the system of administrative litigation in our country judicial suggestions, the block factors of judicial suggestion system, and put forward effective countermeasures to perfect the judicial suggestions to the administrative proceedings system, it is of great significance for the judicial suggestions in administrative litigation of our country is institutionalized and standardized.This paper focuses on the concept of the proposed administrative justice, basic features, the basic concept of judicial activism and the relationship between the judicial and administrative proceedings, so as to lay a theoretical foundation for judicial activism suggestions.And then, introduces the current situation of judicial suggestions of administrative litigation and practice are reviewed, and pointed out the block factors of judicial suggestions of administrative litigation mainly for lack of legality, rationality is missing, do not have a strong normative, structural imbalance.On the basis of introducing the similarity and China judicial suggestion system of developed countries active judiciary system present situation and successful experience, puts forward four countermeasures of administrative litigation, judicial suggestions that strengthen judicial suggestions; the legal status of administrative litigation; the importance of publicity of judicial suggestions in administrative litigation; enhance the quality of judges, to improve the quality of judicial suggestions in administrative litigation; establish mechanism perfecting administrative lawsuit judicial advice.