Our The Administrative Lawsuits Judgment System Research

As one special form of administrative proceedings judgment system, situational judgment system has very important position and role. It not only offsets our country's exiting judgment system's defects, also, it effectively protects public interests not being violated, meanwhile, it achieves the respect of established fact that caused by inadequate legislation. Compared with maintain judgment, revocation decision, dismissed the action request judgment and confirm judgment, situational judgment is very special. First, it is a kind of flexibility decision, is a flexibility of common law rules; secondly, it is a kind of complementary judgment, is a supplement of revocation decision; again, situational judgment is the result of interest measure, is a judgment that made after the measurement of certain facts; finally, situational judgment is a compound judgment, it not only has the content of maintain judgment, but also has the content of perform judgment. Situational judgment system is based on the theory of interest measure theory. According to this theory, when an interest conflicts with another and they can't be satisfied both, we shall arrange their order according to certain standards and analysis their value and choose between them. Situational judgment system is made up of Japan's first-ever, afterwards it was absorbed and used by our Taiwan area. In 1999, in order to adapt to the development of our society and the judicial practice needs, the supreme people's court stipulated situational judgment system in《On the implementation of <Administrative Procedure Law of the People's Republic of China >interpretation of several issues》. But compared with the provisions of Japan and Taiwan area, there are many problems to be improved in our situational judgment system. First, the scope of the situational judgment system is not clear verdict. In particular, the concept embodied in the public interest is fuzzy, no exceptions apply, and major damage is not clear on the criterion, making some cases that should verdict in situation judgment was not applied, but some not applicable but used. Secondly, the claim and defense program of public interest is not provided, besides, the provisions of plaintiffs relief measures are inadequate. Situation judgment is a negative for plaintiffs legitimate lawsuit claims, its application should be very strict. So, on the basis of the analysis of situation judgment system's general theory and the comparison with Japan and Taiwan's provision, I try to put forward some improvement suggestions for the problems existing in our legislation, hoping it be useful for our legislative and judicial assistance.