The Administrative Litigation Retrial Reason Analysis

The retrial reason of administrative litigation is regulated by law to start the administrative retrial procedure. It is the grounds and in accordance to re-trial valid judgment, it is a "firewall" to maintain the adjudged force of the court’s judgment. Because administrative retrial procedure is a special relief procedure, so they requested that the retrial reason should also have the objectivity and legal.Because of the judicial is unique, the error is inevitable. If we adhere to the principle of seeking truth from facts, correcting mistakes whenever we find it in the field of justice. And then regulate the retrial reason generally, it will results in the generalization of the retrial procedure, triggering complaints everywhere, infinite retrial phenomenon, undermining judicial authority, it is also not conducive to the protection of human rights. So, we should adhere to the principle of correcting mistakes by law and limited retrial to establish retrial reason, clearly and statutorily regulating retrial reason. To control and limit Retrial Reason, we should base on the nature and the extent of the error, the impact of justice, it makes retrial procedure truly realize the break adjudged force of a case, to safeguard the judicial authority in all the judicial field. In order to achieve the unity of judicial justice, protection of human rights and the judicial authority.