| Administrative litigation judgement, is the most important ways of closing courts hear administrative cases, is the most critical and most important part in administrative litigation system.Research administrative litigation, maintaining adjudgment ruling mainly through two aspects: first, to the particularity of judgment and their causes. In our country's existing administrative judgments system, maintaining adjudgment is undoubtedly one of the most special. In our three lawsuits, maintaining adjudgment is unique to the administrative procedure law . With the outside in administrative litigation in the comparison of the ruling mode system, maintaining adjudgment also unique for Chinese administrative procedure. Through the collection of information on legislation before and after the original, objective and detailed to restore the legislative situation, to analysis "why the judgment appears" . Secondly, maintaining adjudgment of "abolition or stay". In the context of administrative procedure law modifying, the relationship between maintaining adjudgment and dismissal adjudgment is gradually becoming a hot spot. Dismissal adjudgement alternative to maintaining adjudgment is ruling view several academic judgment into general said. In China's administrative verdict data as a starting point, from the theoretical level, concept of operations and urged the maintenance problems of maintaining adjudgment,"alternatives"think that dismissal adjudgment should be fully replace maintaining adjudgment. Based on the two ruling ways for trial data for empirical administrative comparative analysis, combined with the practice of administrative adjudication in China, the relationship between China's judicial power and executive power and executive power to maintain their reasoning , come to maintaining adjudgments should be retained. In the reserved, based on the application caused maintain decision problems and puts forward the suggestion to improve the applicable, judgment restricted to maintain its negative influence is reduced to the minimum, realize the real legislative meanings of the maintaining adjudgment. |
