A Study On Judicial Suggestion In Administrative Litigation

In recent years,more and more around the courts of the use of judicial recommendations to resolve administrative litigation disputes,resolve social conflicts,participate in social management.As an extension of the people's court to exercise judicial power,administrative litigation judicial recommendations make up the defect of administrative adjudication supervision.Through the administrative litigation in judicial practice of judicial suggestions empirical analysis,with the purpose of administrative litigation in judicial suggestions as the division standard,administrative litigation judicial suggestions for the protection of the rights and interests of the administrative litigation judicial suggestions,corrections procedure type administrative proceedings judicature suggested that deal with illegal administrative action judicial suggestions and improve the policy,normative document type administrative proceedings judicature proposed four types.The four types of administrative litigation judicial proposals are affected by several factors,which have different effects.The first is whether the administrative litigation judicial proposal legally determines whether it has the effect.The legal jurisdiction of the people's court is not only legal,but also includes the legal procedure of administrative litigation.In the content,the legal means that the administrative litigation judicial advice is aimed at the problems involved in the case of administrative litigation,and must have a legal basis.Secondly,the administrative litigation judicial recommendations must have strong operability,in the case of administrative litigation judicial recommendations do not have the maneuverability of the case to discuss whether it has the effect of.Finally,the administrative litigation judicial recommendations for the situation of the problem will also affect the effectiveness of its effectiveness.So the first three administrative litigation judicial suggestions with strong effect,need to be recommended by administrative organs make timely reply and explain the reasons;and fourth effect belongs to the reference views and are not intended to be requirements are advised to administrative organs respond in a timely manner.On the basis of analyzing the existing problems and their causes in the operation of the judicial recommendations of administrative litigation,the path of improving the judicial recommendations of the administrative litigation is given.