The Administrative Proceedings Judicature Change Power Expands With Limits The Research

In the modern countries under the rule, with the rapid development of social economy and social relationship is complicated, the expansion of executive power and strengthening has become the trend of the modern society cannot restrain. Although power operation results mainly dependent on power of self-discipline, but we must also in external form a reasonable supervision mechanism, so that its failure in self-discipline play when supervisory role. Many of the country's experience shows that the most effective and most effectively control the practice of executive power is to strengthen its judicial control.Our administrative procedure law "administrative punishment when conspicuously justice, the people's court may ruling change". Although the provisions of administrative litigation law of the people's court, for changing power exercise judicial provides a certain legal basis, but in judicial practice, with the deepening of our socialist legal construction of administrative litigation right, the disadvantages of judicial changes is gradually expression comes out. Therefore, it is necessary to theoretically the existence of judicial changes right based give in-depth reason analysis, propose reasonable expansion and limit the right of administrative litigation judicial changes suggestion.In the legislative and judicial and administrative power, the conflicts between the is after comparing serious, administrative lawsuit judicial changes reflect executive power and judicial power is one of the relationship between the starting point. In theory, with right restricting and administrative litigation right protection for the purpose of legislation in our country, and to judicial and administrative boundary, the legal definition is very fuzzy, the emergence of a mutual hinder phenomenon, even directly affect how to play the basic function of administrative litigation. This is from the current demands that we not only in the legislative system analysis, the more should find loopholes in judicial practice reflected in problems, and to discuss the causes of the problems, and puts forward some improvement to final judicial changes of administrative litigation right system suggestion.The author through the group followed mentor of administrative litigation right judicial changes the questionnaire and organize related data pointed out the current judicial changes right after the main problems of the main and analyses, the reasons of the problems caused by, and finally put forward the administrative litigation in China expand and limit judicial changes right to the opinions, hope for theoretical study and Chinese administrative legal system construction wrbanization.