Administrative Proceedings Judgment Type Study

Administrative litigation judgment is the result reached by administrative litigation and a core link in the process of administrative litigation.Administrative litigation judgment type system includes two aspects:the establishment of Administrative litigation judgment types and the application of the different types.It is an important theoretical and practical problem influencing both the degree and extent to which the purpose of administrative litigation could be reached and the effective protection of civil rights.China' s current administrative litigation judgment type system is primarily established by the two legal documents,namely,Administrative Procedure Law Of The People's Republic of China(Adopted at the Second Session of the Seventh National People's Congress on April 4,1989) and Several Interpretations on administration of Administrative Procedure Law Of The People's Republic of China made by The Supreme Court on March 10th,2000.The system produced a positive effect upon the development of administrative litigation judgment type system in the early stage in ending the absence of a formal administrative litigation judgment type system in Chinese administrative law.However,as the administrative litigation practice develops,the system is beginning to show some shortages in meeting the real needs of the litigation practice.To solve the problem,we need to renew and perfect the system.Thus the author of this article makes certain research on the administrative litigation judgment type system.Employing multiple researching methods including comparative analysis,empirical analysis and normative analysis,the author first examines the administrative litigation judgment type systems in main Case Law and Civil Law countries and summarizes the lessons that could be learnt;then closely examines china's current administrative litigation judgment type system from the two aspects of legal arrangement and litigation practice;and lastly,gives some suggestions on the ways to perfect the system. The article is made up of five parts including the introduction and four chapters.The introduction describes the background and current situation of the research subject.The first chapter outlines administrative litigation judgment type system from three aspects:the concept and characteristics of administrative litigation judgment,the concept of administrative litigation judgment type and the different ways of dividing administrative litigation judgment types as well as the various factors influencing administrative litigation judgment type system.The second chapter introduces and analysis the administrative litigation judgment type systems in major case law and civil law countries,compares their similarities and differences,summarizes their characteristics and the enlightenment provided by them.The third chapter examines China' s current administrative litigation judgment type system from the two aspects:the legal arrangement and the litigation practice and summarizes the disadvantages that need to be improved.Based on the various works by Chinese administrative law experts the fourth chapter gives suggestions on the ways on improving the administrative litigation judgment type system:Firstly,adopt the legislative experience from German administrative Law and establish the primary administrative litigation judgment types on the basis of administrative litigation types;Secondly,establish auxiliary administrative litigation judgment types with due consideration of the legal technicalities;thirdly, redefine the application of the primary administrative litigation judgment types.