On Perfection Of Default Judgment System Of Administrative Action In Our Country

Default judgment system of administrative action law is, regulated by administrative action, a system of people's court how to hear and make judgment on the administrative cases for the situation that litigant absents in procedure of administrative action. The regulation of default judgment system of administrative action for our country has defects; operation of the system cannot reach the goal of default judgment system of administrative action; it is even more difficult to operate in the presence of new evidence regulations. The default judgment system of administrative action for our country is integrated, but the system is disharmonious, at last it is often invalid.Structurally, this paper is divided into four chapters:The first chapter: theoretical basis of default judgment system of administrative action. I. Goal of default judgment system of administrative action. The author considers that, the goal of establishing default judgment system of administrative action must be in accordance with the goal of administrative action and the characteristic of administrative action trial way, that is, to guarantee administrative cases be to heard accurately and timely by people's court, to protect legitimate interest of citizen, legal person and other organizations, and to safeguard and supervise administrative organs exercising administrative authority based on laws. An ideal default judgment system shall be a system that can be understood by litigant, comply with the goal of administrative action, and have validity and effectiveness. II, This part deals with the effect of default judgment system of administrative action. The function of administrative action default judgment is the effect performed by the operation of default judgment system of administrative action. How to establish and operate default judgment system of administrative action is determined by the expectation of legislator and social general subject on default judgment system function. In the basis of the characteristic of administrative action and the goal of default judgment system of administrative action, a perfect default judgment system of administrative action shall realize that default judgment system guarantees judicial examination power realized by action procedure firstly, and then it should effectively control absent situation and guarantee legal interest of litigant. III. Judicial ideal of default judgment system of administrative action. For description on ideal default judgment system, either the nation or the people's court that as the system setter and operator, or administrative action litigant that as system user, the ideal system shall be coincident. From the view of the establishment goal of default judgment system of administrative action and its function, ideal default judgment system of administrative action shall be understood by the litigant and show the validity of the system.The second chapter: the current situation of our country's active default judgment system of administrative action. Part I is legal regulations and characteristics of our country's active default judgment system of administrative action. Compare with foreign default judgment system of administrative action, ours has following characteristics: Firstly, our active default judgment system of administrative action doesn't adopt default judgment; Secondly, our active default judgment system of administrative action is also different from file decision. Part II, default judgment system of administrative action applies to accuser. During administrative action, it should be cautious to default judgment applied accuser and follow the following three conditions: 1.The alleged specific administrative action must cause realistic threat and harm to national benefits, social and public benefits, all and most members'benefit in some group or the third person's legal rights and benefits. And if they are not heard and handed down by People's Court, it is impossible to promote administration correct mistakes effectively according to the laws and protect national benefits, social and public benefit and above mentioned benefits. 2. Must be that accuser has summoned twice through People's Court and refuses to appear in court without due cause. Yet People's Court thinks that it is inadvisable to handle this case as withdraw a lawsuit or accuser refuses to execute the arbitration of that People's Court doesn't allow to withdraw and retreat during court session without permission. 3. Must be that accuser has strong possibility to win the case. Part III, the current situation of active default judgment system of administrative action. First, new rules of evidence make default judgment system more operational. Second, regulations and rules of pre-trial examination make default judgment system hard to operate. Third, default judgment system doesn't apply to People's Court authority and inquiry system.The third chapter: defects existing in our active default judgment system of administrative action. Part I, violation of administrative third person's benefits. During the practice of administrative action, the accused has been summoned for twice but still does not show in the court often happen. In this case, court will make default judgment, which always goes to specific administration action of defendant administration. However, when the accuser doesn't agree the action, such as administration affirmation, administration licensing and administration supply may concern the third person's benefits. Such withdrawal of judgment may harm the third person's benefits sometimes. Part II, the abandon of administration to administrative duty. In the view of legal theory, administrative law is the law to keep the order of social management and protect people's benefits, which is the duty of administrative main body. In other words, administration has right at the same time it should shoulder some duties. Administrative authority is administrative duty. Administrative duty is its legal obligation can't be abandoned. Part III, contempt of executive power to judicial power. Administrative action is the legal responsibility of administration. Power is equal to obligation. It not only has the right to fulfill obligation but also has the obligation to shoulder legal results. Disappearance in a court reflects lack of responsibility awareness, puts a slight on court and jurisdiction, and looks down upon specific action of citizens as well.The fourth chapter: conception of perfecting default judgment system of administrative action for our country. 1, Comparative analysis on default judgment system of administrative action under the two families of laws; 2, Establishment of compulsory process for defendant; 3, Establishment of compulsory process for administrative organs in charge; IV, Establishment of chief accountability for absenting administrative action.