Concerning Administrative Confirmed Judgment

Since administrative confirmation judgment establish in administrative lawsuit of our country, it have get more applications of practice of administrative lawsuit, independent of judgment's value system have give expression to a certain extent, it covers the other confirmation judgment's shortage, it meets the needs of the judicial practice largely, and it have protect the legitimate interests of the parties. But within the development of society, in-depth study of basic theories of administrative law, the rich practical experience in administrative proceedings, administrative confirmation law reveals many problems in currently. Current administrative laws and regulations, decisions on administrative confirm there are some provisions of some defects, so the specific application in practice would inevitably lead to confusion, thereby affecting the realization of the value of its system. Therefore, the purpose of this research is to sort out the basic theory of administrative confirmation to construct the theoretical basis of its existence and system of values, in order to improve the institutional basis of administrative confirmation to realize the value of its system. Full-text consists of four parts:In the first, I will discuss the basic theoretical problems of the administrative confirmation. First, the concept of administrative confirmation will be discussed. Administrative procedure law of China on Administrative Confirmation scholars, the concept of a variety of theories, I adopt the "confirm the specific administrative act" as the definition of administrative confirmation judgments. I believe that ". Second, I will discuss the characteristics of confirm judgment. The administrative confirmation has universality, res Judicata, administrative confirmation haves complementary. Finally, the administration confirmation judgment's role and legal effect. Administrative confirmation's role include: first, in favor of judicial supervision of executive power. Second, help protect the lawful rights and interests of the administrative counterpart. Third, to carry out and implement the administrative compensation system. Administrative confirmation of the legal effect of including: elimination of the legal effect of administrative action, final to determine the ownership rights and determine the production of administrative liability.The second part of the provisions of the law, with judicial practice discussed the scope of administrative confirmation and problems. For ease of discuss, I will divide administrative confirmation into positive and negative recognition confirmation, the first two categories under the law Administrative Confirmation clear scope and conditions, then the provisions of the law-depth analysis, combined with trial practice confirm the decision made two types of administrative problems, confirmation of positive judgments generalize the problems are: first, the law provides the "legal", "effective" the concept of mix; second, the "unfit" to understand the deviation; Third, the positive verdict contrary to legal principles debate. Negative Administrative Confirmation problems are: first, the limitations of negative recognition decision; second, the illegal sentence and revocation of recognition of judgments clearly defined scope; Third, ineffective "and" not true "," illegal" clearly defined; Fourth, there are many special problems confirm the illegal sentence. And analyze problems, propose solutions to the countermeasures.The third part, I try to put forward a suggestion for complete the system of administrative confirmation recommendations. First, confirm the administrative confirmation lawsuit; second is to establish a legal relationship recognized sentence; third is to establish preventive Administrative Confirmation; Fourth, complete the confirmation of invalid judgment; Fifth, complete the administrative confirmation judgment system on legislation and application.