Research On Administrative Litigation Retrial Procedures

Administrative litigation retrial procedure is different from the first and thesecond instance procedure, it is not the case must go through procedures butapplicable for the entry into force of the referee a special relief proceedings. In ourcountry, due to litigation guiding ideology too authoritative and legislative defects,leading to Administrative Litigation Retrial Procedure has many gaps. Departurefrom the existing legislative provisions, combined with the experience of foreignlegislation, according to the judicial practice in the confusion and problems formulti-angle analysis, and put forward their own views.This article is divided into four parts. The first, in order to clarify the conceptof retrial procedure, distinguish between retrial procedures with a few confusingconcept, and describes the characteristics of China’s Administrative Litigationprogram. Administrative litigation procedures and administrative judgment resjudicata on the issue, highlighting the conflict and balance between the two. In orderto achieve a balance between the two, at the start of the aspect of subject, the authoradvocated the abolition of the People’s Court the power to start the retrial procedure,the limit of the protest rights of the People’s Procuratorate on the administrativecases, the establishment of the party applying for retrial; start of the subject side,advocated retrial type specific; and advocated to limit the duration and frequency ofthe retrial started. In the construction and operation of the specific procedures, Iagree with “the two order constitutive said”, the retrial procedure is divided into twostages: examination and hearing.