Analysis On Circumstance Judgment In Administrative Litigation Between China And Japan

Circumstance judgment is a special administrative judgment with specific meaningand requirement.Circumstance judgment, called as "things judgment" in Japan, is a special judgmentway in the administrative litigation judgments. Article 58 of the Interpretation of theSupreme People's Court on Several Issues Concerning the implementation of the"PRC Administrative Procedure law"provides regulations on the above situation.Generally, it refers to that under the premise that the defendant acts are illegal, thepeople's court shall make the judgment to revoke such administrative acts, but therevocation of the specific administrative acts will cause major losses to the nationalinterest or the public interest, so the people's court had to make a confirmationjudgment to confirm the illegal acts.Section 1 of Article 31of Japan's prevailing the Procedural Law of AdministrativeEvents has also made clear on "things judgment". However, China and Japan are stilldifferent in the system and the application of provisions.As the exception of administrative judgments, the current domestic scholars had a limited research on the Circumstance Judgment, while Japanese scholars'literatureson this issue are more detailed. Whereas, mainly through studying on the relatedJapanese literatures, documents, papers and comparison research on the differencebetween China and Japan, this thesis is intended to make some superficial research onadjustment, application and use for reference of the circumstance judgment inaccordance with China's situation.Chapter 1, based on the time sequence, first introduces the evolution history ofJapan's circumstance judgment system. On the basis of understanding the legislativechanges of this system, summarizes the existing reasons, meaning and scope ofapplication of the circumstance judgment system. Second, sum up a series of allrelevant application problems, including the Japanese scholar's question on theconflictions between circumstance judgment and the theory of administrative law, thefact of damage compensation , confirmation of vested facts , and the administrativeprocedure law defects caused by the circumstance judgment system, etc. Finally, thethesis tries to disclose judgers'general attitudes and opinions on the application of thecircumstance judgment in the actual case through introducing the typical cases judgedduring different periods before and after the revision of the administrative law ofJapan.Chapter 2 introduces the China's circumstance judgment system and elaborates themeaning and elements of circumstance judgment in the China's administrativeproceedings. Based on the case analysis, point out that some issues arising from theChina's circumstance judgment shall be concerned.Chapter 3 focuses on the two countries comparison in the similarities anddifferences of circumstance judgment system in order to refine the common and thedifference from the two systems and analyze the background behind. Combined thetheory with the practical application, the advantage and disadvantage in the two kinds of circumstance judgments are discussed and analyzed. Furthermore, in order toresolve the issues from the China's circumstance judgment, some appropriate adviceis put forward on how to perfect the circumstance judgment system in the future andits application and reference in China.