Analysis On The Judicial Suggestion In Administrative Lawsuit

As a marginal subject of administrative proceedings judicial proposal does not attract the attention of academia, and does not seldomly enters the vision of scholars, but in judicial practice, in particular, administrative procedures, judicial recommend highly respected. With the rise of the concept of active judicial order to meet the social justice needs to resolve administrative disputes, reversing an embarrassing situation of the administrative trial, the judicial recommendations popular among the administrative proceedings. Administrative proceedings of Justice is the court found in the administrative litigation activities and because the administrative act of the administrative body is not appropriate for the Court to deal directly with a written proposal to solve problems and improve their work to the administrative body. Administrative proceedings judicial recommendations and Administrative Tribunal, its flexibility and softness make it easier for the executive authorities to accept, in function, with the supervision and administration according to law, dispute resolution, and litigation prevention and participate in the role of social management.Administrative proceedings of Justice has suggested that in practice the operation analysis found that of Justice to carry out the proposed work in an uneven trend all over the court, proposed by the majority of local administrative proceedings of the Court of Justice issued a number of less than normal, not high quality, procedural confusion has been suggested feedback rate of the executive authorities and the adoption rate is low. Confined to the legislation regulating the lack of theoretical research is weak, the protection mechanisms is not perfect and logs of ideas, and other factors affecting the function of administrative proceedings judicial recommendations.In order to achieve its proper role, administrative proceedings judicial recommendations must be carried out from the phenomenon to the system change, legislation should be defined and judicial proposals to regulate the introduction of judicial interpretation, making it a system. Sound a series of protection mechanisms to improve the quality of the judicial recommendations, and evaluation mechanism to improve the judge issued by the judicial proposal to establish the mechanism of the interaction of administrative and judicial collaboration to get the support and cooperation of the executive, to improve the protection of the recommendations urge the feedback mechanism of collaboration the implementation of the results. With other systems, the support of the administrative proceedings institutionalization can not be separated from theoretical studies of the judicial proposal, related to the main ideas also affect the development trend of the recommendations of Justice.