A Study Of Administrative Judgment Mode

Administrative judgment mode is an important mechanism in administrative lawsuit. Every administrative lawsuit uses a certain judgment mode as the ultimate footing. All of litigants in administrative lawsuit realize the fairness of the lawsuit procedure and the preservation of their rights by justices’ choices of judgment modes. As a result, whether the judgment mode is set complete, or whether it fits the development of law is very important, and it even influences the complement and development of the whole administrative judgment mechanism. This thesis tries to present methods to complete the administrative judgment mode in China, by analyzing the value of administrative judgment mode, introducing the current situation of administrative judgment mode in China, and stating the existing problem of administrative judgment.This thesis is divided into four parts. The first part is the analyzing of administrative judgment mode value. Administrative judgment mode is the ultimate footing of administrative lawsuit. Judging mode value is the value of administrative lawsuit. Administrative lawsuit value is reflected by administrative judging mode. As a result, in this part, three value of administrative lawsuit, which are protecting civil rights and settling dispute, recovering law order,and justice.The second part introduces the operation of judgment preservation, judgment revocation, judgment affirmation, judgment modification, rejection of lawsuit demand judgment, and application of judgment perforation of six judicial methods in judicial practice.The third part states the existing problems of current judgment mode, and divided the problems of judicial application into three parts:cannot meet the need of protecting the civil rights, unscientific judgment mode, and violating the principle of don’t accuse ignored.The final part presents some suggestions to the existing problems in current judgment mode. In order to achieve the aim of protecting civil rights, three judgment mode of supplement and correct judgment, prohibition judgment and affirmation of administrative illegal fact should be added. The author also presents building scientific Administrative action is illegal theory and enlarge the scope of application of judgment modification to the problem of unscientific judgment mode. Based on the abidance of the lawsuit principle of don’t accuse ignored,the author presents rejection of lawsuit demand judgment instead of judgment preservation and legal and effective judgment affirmation.