The Theory And Legislation Research Of The Generality About Charge

Recently, The number of Administrative litigation case grow fast. The results of administration Litigation abrogation of judgment can’t ensure fair. Leading to the parties can’t reach to aid the effect. However, The administrative judgments is the end of administrative litigation, Which also is the administrative lawsuit the important part. In the administrative judgments, The abrogation of judgment is extremely important decision method. It is one of the form of the specific executive power supervision. For correct illegal administrative action, which ensure the people’s legal rights plays the role of irreplaceable. But from our current existing legal perspective, The people’s court for cancellation of the provisions of the ruling in a certain extent defects. The complexity of administrative behavior and influence of the universality of serious lack of thinking. For people’s court, which made a decision of revocation of the often unable to protect people’s rights.Based on the above background, this paper learned from the foreign advanced experience in administration litigation abrogation of judgment,analyzed some problems existed in administration Litigation abrogation of judgment in our country and put forward some countermeasures and suggestions.The first part of this text is the introduction, Make a briefly discuss about this paper to choose a background and purpose, research methods and the structure and the full text content and viewpoints. Proposed constructing suitable for China’s national conditions,and the development of the Administration Litigation abrogation of judgment.The second part of this text is China’s administration litigation abrogation of judgment concepts. Introduces the connotation of the administration litigation abrogation of judgment’s meaning, characteristics.The third part of this text is foreign administrative lawsuit withdrawn by the court introduction as well as enlightenment. Including the analyses of Anglo-American law, Continental law system, and Japan system, The follow-up work for paper laid a foundation.The fourth part of this text is China’s administration litigation abrogation of judgment problems analysis.which is the focus of this article. Based on the point of the system construction, the applicable condition, the judicial practice analyze our administrative litigation withdrawn by the court of the status quo. And for the case analysis do theory basis.The fifth part of this text is China’s administrative litigation revoked the ruling the perfect parts. Through the point of the system construction, the applicable condition, the judicial practice, the administrative law enforcement to annals the establishment of the basic conditions of administrative litigation in China withdrawn by the court, and sum up the four Suggestions. For this paper part6provide scientific conclusion argument.The sixth part of this text is conclusion, For main summarized and concluded, Fully realize administration litigation abrogation of judgment is a systems engineering, and need a lot of subsequent research work, need continuous explorations and innovations.