| In administrative litigation,the adjudication benchmark refers to one of the main bases for the court to review the conduct of an administrative entity.Since after an administrative organ makes an administrative decision,the state of fact on which it is based or the law on which it is based may undergo certain changes,for this reason,the different time nodes selected by the court directly affect the outcome of the adjudication.Therefore,the adjudication benchmark chosen by the court is closely related to the realization of the purpose of administrative litigation.Due to the late start of the research of administrative law disciplines in China,the relevant theories on adjudication benchmarks are still in the exploratory stage,and neither in theory nor in practice,it is possible to clarify the path of choosing adjudication benchmarks with universal application value.This article is divided into four parts.The first part shows the contradiction between the decisive influence of the theory of administrative litigation adjudication standards on court judgments and the lack of legal provisions for the determination of administrative litigation adjudication standards in China at this stage,and then clarifies the importance of studying this issue.The second part defines the concept of the adjudication benchmark in administrative litigation and discusses the significance of the determination of the adjudication benchmark.The criteria for adjudicating administrative litigation refer to when there is a change in facts or a change in legal status,when the court should make a judgment on an administrative case based on the facts or legal status,which is essentially a question of selecting "time nodes".There is a big difference between the administrative litigation adjudication benchmark and the administrative reconsideration adjudication benchmark,the res judicata benchmark time,and the civil litigation benchmark.At the same time,its types are elaborated,with both substantive and litigation.The third part focuses on the application of adjudication standards in China’s administrative litigation practice.Use judicial cases to illustrate problems such as insufficient reasoning,unreasonable application standards,unproactive application methods,and ununified standards in the application of administrative litigation adjudication standards.The fourth part makes suggestions on the determination of the benchmark for administrative litigation adjudication in China.The main factors affecting the criteria for adjudicating administrative litigation are legal provisions,legal principles,and the nature of the administrative act being sued.However,when determining the adjudication benchmark,it is necessary to consider not only its influencing factors,but also the type of administrative litigation.With the continuous development of administrative judicial practice,it is necessary to further strengthen the exploration of the application of administrative litigation adjudication standards. |
