Administrative Proceedings Interlocutory System

In the administration actions of many countries, when adjudicating a administration complicated case with many issues, in order to promote the litigation efficiency, and keep the order of the interrogation in court, the judge may exercise his power of office to command the two parties to launch attacks and make defenses for a issue. The judge can make an interim judgment to assure the existence of the issue, when the interim issues achieve the degree of judgment, according to judge's authority or the application of the party. The interim judgment system is an important litigation system for countries of the continental law system. It originated from Germany. Japan and Taiwan respectively made some adjustments according to their own national or regional situation. England and American also have the similar regulation.The essay first analyzes the concept the interim judgment in the administration judgment. The comparison of administration judgment system and the similar systems in the administration litigation of our country indicate the need of constitute the interim judgment system in our country. Then, the essay introduces the interim systems of many countries and compares them. The last, the idea of constructing an interim judgment in our country is put forward, integrating the actuality of the concretely situation of a country and judicature practice in the administration litigation of our country.