| As a special relief procedure in administrative litigation,the administrative retrial system has played a crucial role in safeguarding judicial fairness and promoting democracy and the rule of law in judicial practice.Starting a program,initiating the subject is one of the first issues that should be considered.Initiating the subject in the administrative litigation retrial is undoubtedly the first question we should consider.According to the provisions of the current Administrative Procedure Law of our country,parties,courts and procuratorates can all be the initiators of the procedure of retrial of administrative litigation.Therefore,it can be seen that there is no shortage of initiators in the procedure of retrial of administrative litigation in our country.However,in the current judicial practice,Retrial difficult and repeated pleadings a lot of time.Obviously,the current mechanism of retrial initiation can not meet the actual needs of the general public to a certain extent.We have to profoundly understand the fundamental reason why this phenomenon is prevalent.In my opinion,the most common reason for this phenomenon is that the current system of administrative litigation fails to safeguard judicial impartiality and thus fails to guarantee litigation rights of litigants and gives priority to the use of existing judicial resources.The litigants’ administrative litigation The request for retrial can not be promptly and effectively echoed,which leads to repeated appeals,thus undermining the judicial fairness.This article mainly discusses the current subject of administrative litigation retrial,and then demonstrates whether the scope of the current sponsor meets the needs of the current social subjects so as to be helpful for the current reform of the administrative litigation review system.In addition to the introduction and conclusion,this paper is divided into five parts.The first part is the introduction,which mainly discusses the background and reason of the topic,the research goal and significance,and the main research methods of this paper;The second part is an overview of the main body of the retrial of administrative litigation.It mainly analyzes the concept of retrial procedure and trial supervision procedure,the concept of reintroduction initiator,the legal value orientation of China,the legal value of administrative litigation retrial procedure,and the administrative litigation law.Relevant legal provisions and comments on several aspects.The third part is the current problems in the initiation of the administrative litigation retrial procedure in China,the main reasons for the formation,and the concluding remarks on whether the scope of the main body of the current administrative litigation retrial is in line with the needs of the current social subject;The fourth part is some ideas for perfecting the main body of administrative retrial in China,mainly from the legal concept and specific system.The legal concept includes the correction of guiding ideology and the change of litigation mode;the specific system includes the abolition of the power of the court to initiate the retrial of administrative litigation,the power of the procuratorate to initiate the retrial of administrative litigation,the re-examination of the parties,and the criteria for clear interest.The fifth part is the conclusion of this article,mainly to summarize this article. |
