Research On Chinese Forms Of Administrative Judgments

Administrative Procedure Law of the People' s Republic of China is made so far, many problems appear, especially in the forms of administrative judgments. On judicial practice, the forms of administrative judgments are not applicable for some cases, this causes motive of the writing of this text. On the theory, the research about administrative judgments is not deepened very much, but the basic common understanding is: It is unable to meet reality's needs to adjudicate the form in administrative litigation, should revise perfectly . This thesis centers around the forms of administrative judgments, analyses the law provision and judicial practice, observe the forms of administrative judgments from many aspects, the purpose is to find the rule of the forms of administrative judgments.The thesis is divided into five parts. Chapter one is about "summary of the forms of administrative judgments and value of research" . In the part, it mostly discusses the concept of the forms of administrative judgments and the difference from the types of administrative procedure, expatiates the value of research the form of administrative judgments. Chapter two is about "the provision of administrative judgments in China, the problems and reasons" . In the part, it mostly analyses the provision, entirely generalizes six forms of administrative judgments and its conditions, shows the problems on the practice, analyses its reasons. Chapter three is about "observing and using for reference from three aspects" . In the part, it observes the evolution of administrative judgments, the provision of civil and criminal procedure, and the provision of other countries and areas. Some contents which are helpful for Chinese administrative judgments are abstracted. These are propitious to Chinese administrative procedure. Chapter four is about "the factors of the form of administrative judgments" . From above analyzing, I conclude four factors: the function of administrative procedure, the limit between judicial power and administrative power, plaintiff s claim, the balance of public interest and personal interest. Chapter five is concerned with "the road to consummate Chinese administrative judgments" . In the part, I consider the problem from two aspects: "destroy" and "found" . "Destroy" means to abandon the judgments of maintenance. "Found" means to rebuild the system of administrative judgments, to consummate other judgments. In the rebuilding system, it includes two parts: basic judgments and secondary judgments. Basic judgments include: repeal judgments, performance judgments, modification judgments, overruling judgments, affirmation judgments. Secondary judgments include: ban judgments, redress judgments, part judgments.No matter which kind of method is adopted, the final purpose of the writing of this text is: through the research of administrative judgments, we can strengthen the understanding of this question further, then it can be helpful to modify the administrative judgments.