Administrative Proceedings Dismissed The Lawsuit Judgment Research

Since the legislation of Administrative Procedure Law, though it has been developping slowly, Many scholars poured efforts into it. Especially with the growing of economy and improving of legal awareness, the amending of Administrative Procedure Law becoming the focus. The Administrative Procedure Law of our country has lots of deficiencies both in theory and practice, and there are so many aspects to be perfected, among which administrative adjudication is the most urgent. Because that administrative adjudication is the lastest and most important way to redress, judicial authority should judge the behavior of administrative organs and give the accuser a reasonable result, in spite of equity or supervising. Whereas in the system of administrative adjudication, paticularly four negative adjudications which against accuser's request, there arise places that hard to handle no matter in legislation or judicature. And this is adverse undoubtedly. This article is trying to expatiate a more suitable system of negative adjudication through comparing maintaining adjudication with affirming adjudication. Me anwhile,this essay introduce external legislation and learn the elite. Basing the practice of our country, I suggest abolish maintaining adjudication and affirming adjudication, and redefine the area of reject-request adjudication. By means of these we can thransform defend-power to control-power. And the latter can make the system of administrative procedure more scientific and rational. As a result, cost of lawsuit will low down, adjudication will be fairer, and law will be more authoritative.