A Research Of The Dismissal Adjudgment In Administrative Action

Administrative litigation judgments, administrative proceedings is the most important way of closing, the People's Court is the administrative entity in cases dealing with the issue. 1989 China promulgated the "Administrative Procedure Law," established to maintain, remove, and change the performance of the four forms of decision, the initial establishment of China's administrative system decision. In 2000, the Supreme People's Court "on the implementation of the a number of issues of interpretation", the new ruling and dismissed the claim confirmed that the two sentences in the form of decision, and added the development of China's administrative litigation system decision. Dismissal adjudgment and maintaining judgment ruling People's Court is the conclusion of the administrative cases, the decision to use more in the form of theoretical and practical judgments of the two forms of the specific application of the dispute. In this paper, the executive dismissed the suit claims the decision to apply the theoretical and empirical analysis of the study, analysis of the ruling dismissed the claims in the application of specific problems and deficiencies, dismissed the claims come in line with the ruling Justice and the essential attribute of the principle of procedural law and does not breach Administrative proceedings to review the legality of the principle point of view, and the abolition of the existing maintenance and the decision to confirm the validity of the "Administrative Procedure Law" clearly provides that amendments to dismiss claims judgments, and to expand its scope of application and clearly put forward its own proposal.