Cancellation Judgment In China's Administrative Lawsuit Application

Cancellation judgment is a frequently applied type of judgment in China's administrative lawsuit, which acts as a concrete forms for the supervision of judicial power on executive power. It is undeniable that the cancellation judgment is the most directly and effectively remedy method to a illegal specific administrative act, legal and rational apply the cancellation judgment play an unique role in China's administrative litigation system, and other judgment types are difficult to replace its position.However, due to the administrative act is complicated in legal practice, and cancellation judgment has some inherent defects, so the application of cancellation judgment just likes a double-edged sword. It can make the illegal administrative act's effectiveness to be destroyed, but in the other hand, it also can violate the private party's legal rights. At the same time, in our country's current law system, the cancellation judgment is not enough scientific, this may magnify its defects in some extents, even weakening effectiveness of the cancellation judgment's originally design intention. Therefore, we must fully consider the executive power's complicated and widely influence, in order to further standardize the application rules of cancellation judgment, and achieve its function to correct illegal specific administrative act, meanwhile make the cancellation judgment correspond with the private party's clearly claim.The purpose of this paper aims to explore the cancellation judgment's application dilemma, so as to clarify its relevant application theories, guarantee private party's legal rights, and make the cancellation judgment play its most proper role.The paper will make a detailed analysis on application problems available in the current cancellation judgment and judgment for conducting again, then combine its research background, foreign legislation, and domestic theoretical foundation of cancellation judgment and judgment for conducting again to illustrate the reform and improvement of cancellation judgment from two perspectives of the scope of application and specific applicable conditions, and finally put forwards specific application measures to regulate and improve the applicable conditions of cancellation judgment.