| The trial supervision procedure is a special judicial relief procedure on the basis of the final trial system of the second instance.Because the important role of the trial supervision procedure is to bring a retrial to the effective judgment and order,the retrial procedure has become a customary term of the trial supervision procedure.The newly revised administrative procedure law came into effect on May 1,2015.The new law has substantially revised the trial supervision procedures,with special provisions for the trial supervision procedures in special chapters.The new law has a significant impact on the judicial practice,and it plays a great role in correcting errors according to law,standardizing the retrial procedure,and fully protecting the parties’ right to apply for retrial,which basically realizes the original intention of the system design.However,the contradictions and disputes arising in the implementation of the new law are concentrated in the upward direction.This article is divided into five parts.The first part clarifies the basic concept of administrative litigation judicial supervision procedure.The second part is the analysis of the present situation of China’s administrative litigation supervision procedure.The third part is the exploration of the judicial supervision procedure of administrative litigation in China.This part combines the judicial practice and case statistics analysis to confirm the significance of the revision of the system and discover the existing problems.The fourth part is about perfecting the administrative litigation supervision system in China,including clear and standard part of retrial procedure,to accept court to undertake substantive restraint.The fifth part is the conclusion. |
