On The Judgment Of A Change In Administrative Proceedings

Alternation adjudge, as an important kind of judgment in the administrative litigation of China, has the function of making provisions before wrong judgment occurs and is beneficial to realize economic litigation and to safeguard the legal rights of person concerned, yet this kind of judgment has seldom been adopted in the judicial practice of our country. The reasons are as the following: in legislation, the connotation and denotation of "obviously unfair" as legal standard haven' t been defined clearly and the applicable target of change in judgment is too narrow; In judicial practice, judges avoid to change judgments for fear that they may exceed their authorities but meddle in the internal affairs of administrative organs, plus there' s no specific system to regulate and restrict the change in judgment.Based on learning from Western legislation, this article discusses and demonstrates the applicable range and feasibility of change in judgment on the perspectives of the kinds of administrative act and administrative litigation. The foundation for the feasibility of change in judgment will be laid by that the limited discretional act and administrative adjudication are necessary and possible to suit for change in judgment, by placing it into litigation under obligation, rescission proceeding and general supply proceeding, by restricting its applicable range and conditions and by connecting its applicability with the litigation claim of person concerned. Therefore, it is recommended that the applicability of alternation adjudge should be connected with litigation claim in our country, that the applicable range of change in judgment shall be extended properly, and that administrative coercive measures, as well as administrative contract, supply and adjudication, should be brought into the applicable range of alternation adjudge on the current basis.