Study On The Rule Of Law Of Judicatory Application Of Adminis Trative Litigation Judgment Type

Since the promulgation of the administrative procedure law in1989,China’s administrative litigation judgment type system has experienced about 30 years of development,from gradual establishment,development to continuous improvement,and has gone through a tortuous and arduous road.The development road of administrative litigation in China is one with Chinese characteristics and in line with China’s national conditions: taking administrative act as the starting point and the classification of administrative litigation judgment as the foothold;taking legislative response-invisible expression of judicial interpretation-Guidance of court precedents-concise legislation as the development road with Chinese characteristics.Among them,the administrative litigation judgment has a key position and role in the whole administrative litigation system,and highlights the legislative intent of the comprehensive and effective relief of the legitimate rights and interests of the administrative counterpart in the administrative litigation law.China’s administrative procedure law has experienced more than 30 years of development,and the administrative litigation judgment has also experienced the process of continuous improvement from the minority to the public.In the current administrative procedure law,there are seven types of administrative litigation judgment,which play an important role in our country’s administrative litigation trial.However,in the judicial practice,it is not difficult to find that the design of the types of administrative litigation judgments is not scientific and reasonable,and the people’s courts have difficulties in choosing the appropriate types of judgments due to the unclear criteria.By sorting out the data of the application of the types of administrative litigation judgment in C City in the past 11 years,it is found that the number and degree of application of several kinds of judgment methods in judicial practice are different.Then explore the reasons behind this,and find that there are some problems,such as the simplification of the rule of law cognition,the fuzziness of the distinction standard,the inefficiency of the hierarchical supervision,and the homogeneity of the application effect.This paper discusses the above reasons behind the root of the problem,in order to seek relative countermeasures,on the basis of balancing the relationship between judicial power and administrative power,better use of administrative judgment to effectively relieve the legitimate rights and interests of the administrative counterpart.