Study On The Withdraw In The Administrative Lawsuit In China

The complexity of the phenomena of the disputes decides the diversification ofmethods to resolve the disputes. Some of the disputes need through legal proceedings,rules of evidence and debate methods to be settled. But the application of the judicialprocess in some disputes, not only can not be quickly resolved, they may intensify thecontradiction. At present, the judicial practice of China’s administrative litigation, thewithdrawal as the one of the main closed way, is the other dispute resolution strengthand position of the shift in the microcosm of the judicial relief way in the disputeresolution.In general, extra-judicial dispute resolution is often starting from a pragmaticpoint of view. Sometimes in order to achieve the purpose of resolving disputes, evenusing illegal means or methods not abide by the rules of procedure at the very least,this practice will lead to irrational or unjust results. For example, China’s legislationhas not about the provisions of the administrative litigation settlement, but under theguidance of the Supreme People’s Court, local People’s Court in the trial practiceextensive reconciliation of the coordination of administrative proceedings, ultimatelybased on the parties to withdrawal closed. This practice, known as administrativelitigation coordination reconciliation mechanism for the withdrawal of the existenceof legal flaws that can not be overcome, the alienation of the reconciliation of theadministrative proceedings under the appearance of the high withdrawal rate, andultimately affects not only the protection of the legitimate rights and interests of theparties, may also be the executive the disputes are complex, and ultimately make ourcountry the rule of law has been questioned. This is the main reason for thewithdrawal system of administrative litigation in China encounter system bottlenecksand a crisis of confidence.In order to solve the dilemma and the problems of the withdrawal system inadministrative litigation, by exploring the theoretical basis, the dissertation analysisthe problems in the text and in the practice run of the system, from the macro-level, tothe meso-level, and then to the micro-level to perfect the withdrawal system of theadministrative litigation.The dissertation divides into three parts, including introduction, body and tail, atotal of five chapters. The first chapter is the introduction part. The introductory section describes theresearch background, the research start and the research space as well as the researchobjects, thoughts and methods. The background is under the premise of thediversification of administrative dispute resolution, the withdrawal of closedlarge-scale use in judicial practice has deviated from the administrative proceedings toestablish the legislative purpose of the withdrawal of the system. The research start isthat the value of the administrative proceedings withdrawal system has divergencewith the practice run, this dissertation discusses the withdrawal of administrativelitigation system of the program benefits.The research space is through the study ofthe theoretical circles on the withdrawal of the system of administrative litigation,summarize and draw on the wisdom and experience of others on the basis ofdiscussions and studies of the Chinese administrative proceedings withdrawal system.To better examines the deficiency of the withdrawal of administrative litigationand perfect the system of administrative litigation related to withdraw, the secondchapter does the theoretical analysis of the administrative litigation withdraw. Theright to apply for withdrawal is the right to appeal of the plaintiff. We should respectand ensure the realization the right to appeal of the plaintiff in the administrativeproceedings withdrawal; The uniqueness of the administrative proceedings legislativepurpose is the protection of legitimate rights and interests of citizens, legal personsand other organizations. Administrative litigation withdraw system as the specificadministrative litigation system, and to maintain consistency, that is how to realize thewithdrawal of administrative litigation system the plaintiff’s legitimate rights andinterests protection; The value of the withdrawal of administrative litigation is theplaintiff in administrative litigation withdraw program’s pursuit of, that is, theefficiency of lawsuit, program economic and procedural justice. So the perfection ofthe administrative litigation should reflect the withdrawal value pursuit.The third chapter is about the operation of the system and the problem of the examination. Inorder to examine the operation of the system of administrative litigation better, firstly, the partintroduces simply about the external environment of the system operation. Then, in addition tocomb the legislation and judicial interpretation of specific provisions on the withdrawal, alsodiscusses administrative lawsuit withdraw judicial practice of policy. At the same time inempirical material as the foundation of administrative lawsuit practical operation analysis droppedand summarizes in this dissertation.The fourth chapter improves the system of withdraw of administrative litigation from three levels. The macro-level is the construction of a harmonious society.Harmonious society emphasizes social order and stability, but at the same time, theharmonious society is also the government by law society. Through the analysis ofelements of building a harmonious society, the overall emphasis on "stability" realitycorrection, a correct view of the administrative disputes exist at this stage of oursociety. The meso-level is the upgrading of the capacity of the judiciary. The judicialauthority and the independence of the judicature is an important guarantee of judicialjustice.judicial is the ruling party to move the court to resolve the disputes in theprocess of submitting political requirements, how in the judicial power and politicalpower, find balance, is an important subject in China’s judicial thinking. Dueprocess of law constitutes the soul of the litigation system. From the micro-level in thesystem of administrative litigation dropped the plaintiff an withdraw procedure, courtdropped to apply for review procedures, procuratorate to the court review of theoversight procedures and dropped after the withdrawal of right remedy proceduresand so on four aspects for all-round construction of the program, so as to realizeadministrative litigation system to the plaintiff dropped the legitimate rights andinterests of the security.Conclusion is a summary of the full text of the high expectations of thewithdrawal system in the administrative proceedings.