The Research In Institution Of Judicial Opinions In Administrative Procedure

In recent years, the judicial suggestions as a new form of court participating in socialmanagement innovation, the number gradually increased, quality improved continuously,for promoting economic and social development, plays an important role in themaintenance of social harmony and stability, and achieved good social effects. Judicialsuggestions as it meets the requirements of judicial activism, makes up the shortage ofadministrative adjudication supervision, to meet the needs of solving the administrativedispute, is more popular in administrative litigation. Administrative litigation, judicialsuggestions can be classified according to the scope of application, sends the object, thedifferent effects of. From the judicial suggestions in the administrative litigation role canbe divided into the referee, the referee guide supplement type, communication andcoordination and comprehensive service.Through the analysis of the operation of the practice of administrative litigation judicialsuggestions, found the work on judicial suggestions around the court judicial suggestionsuneven work, judicial proposal format is not unified, judicial proposals quality differences,judicial suggestion feedback and implement different problems. In the knowledge level ofjudicial suggestions, social awareness, judicial suggestion suits contradictions caused byjudicial suggestions and judicial neutrality, contradiction between judicial activism and judicialrestraint, judicial suggestion is applicable limitation of thinking.In order to ensure the judicial suggestions to the administrative litigation systemvitality, it is first necessary to improve the administrative litigation judicial suggestions tothe relevant laws and regulations, and to regulate the court judicial suggestion mechanism,public mechanism of establishing administrative litigation judicial suggestions, perfectingthe supervision and feedback mechanism to strengthen communication, from theimplementation of the effect of the guarantee of judicial suggestions.