Presently, the dismissal adjudgment and the maintaining adjudgment are often adopted by courts. Both have their forming background and applicable scope, which has being argued by academia and has brought out much difficulties at judicial application. Through researching the theory and practice of these two forms of adjudgment, the author gains a conclusion that the dismissal adjudgment didn't offend the principle of legitimate examination and the maintaining adjudgment should be replace by the dismissal adjudgment thoroughly. The author also gives his own advises that we should strengthen the research on dismissal adjudgment and regulate it in Code of Administrative Law.
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