Administrative Judgments

Administrative litigant judgment system (ALJS) is the most important key part of the administrative litigant law system. All the rules of the administrative litigant law serve for the fair, legal and reasonable decisions. This thesis studies the present ALJS and will discuss about the administrative litigant system of the administrative litigant law demonstratively. The thesis will put forward a relatively transparent methodology base on the demonstration research. To make the decision system to be the object for research is different from the theory frame method prevails in academe. To study administrative litigant judgment from the sight of the demonstrative law includes my basic opinions about the holistic of judgment system in recent years. According to the holistic research analysis method of the ALJS, the origin of the judgment system, the extending of the civil judgment system, the evolvement of the ALJS are all included in the research scope. This thesis will connects some very important areas of the administrative litigant law and prove the jargon and the theory of administrative litigation by the key of ALJS, and use some comparatively normative ways to prove some phenomenon that we thought we had proved but indeed not by way of ALJS study. The purpose of this thesis is to lucubrate the essential character of China's ALJS as the objective judgment, to clarify the legitimacy condition and judgment benchmark occasion of all layers of ALJ based on the suit types, to define the basic effective of the ALJ when constructing the new type ALJS and to promote the scientific progress of China's ALS.This paper followed the following essential ways on research method: the first is the cooperation and coherence of the logic base and the demonstrative theory. According to the"what"and"should"logic system of the ALJ, the ALJ can be divided into the demonstrative ALJ depend on reality and the normative ALJ depend on value. This paper concerned on both active rules of the law and the actual action out laws. It discussed both the normative judge of the ALJ formed overseas and the reality of the ALJ in China. It also discussed about the already formed part and the still in disputed part of the ALJ. The second is the connection and the mutual prove of theory assumption and analysis tools. That is to say, I will take the ALJ research as a part of the ALL and study that with the background of constitution and policy along with the law condition.