Research On Judicial Suggestion System In Administrative Litigation In China

The judicial suggestion system in administrative litigation originates from the judicial system with traditional legal culture and contemporary ideology.It is a localization system which arises at the historic moment under the active judicial idea.It is an extension of the trial function of the people’s court.It is an important work to serve the development of economy and society.At the beginning of its establishment,it was established to correct the illegal acts of administrative personnel and the impropriety of administrative organs in administrative trial activities,but with the gradual development of administrative litigation,as well as the current trial situation of"the conclusion of the case",the judicial suggestion system needs to play a more important role in the administrative trial,and later gradually became the extension of the ttial activities,which played a role in making up for the gaps in the trial.The judicial suggestion system in administrative litigation has changed the negative and neutral trial mode of administrative cases,actively participated in the social innovation and governance,and used judicial means to enrich the form of dispute resolution.To promote the administrative organs to improve their own law enforcement process of the deficiencies,for the construction of a government ruled by law,the rule of law society provides a boost.This paper is divided into four parts.The first part is an introduction.The main purpose is to make a systematic analysis of the existing theoretical results,And briefly expounds the innovation and research methods of this paper.The second part is an overview of the judicial suggestion system in administrative litigation.This paper mainly defines and justifies the basic concept of judicial suggestion system in administrative litigation in our country.The third part mainly introduces the shortcomings and reasons of the judicial recommendation mechanism of administrative litigation in China.The shortcomings in this part include four aspects:disjointed legal system,uneven regional development levels,inadequate procedural norms and poor feedback effect.The reasons for the above shortcomings are the lack of legal system,inadequate subject construction and supervision and management mechanism Insufficient.The fourth part is the relevant measures to improve the judicial suggestion system in administrative litigation in China.This part is aimed at the problems existing in the judicial suggestion of administrative litigation in the third part of this article.Through improving the national legislation and local normative legal documents,strengthening the main body construction of judicial suggestion,establishing and improving the relevant system of judicial suggestion in administrative litigation and improving the supervision of judicial suggestion.Four systems of supervision and management system will gradually promote the institutionalization of judicial recommendation mechanism in administrative litigation in China.