Research On The System Of Administrative Withdrawal Of The Suit

There are many problems in the system of administrative withdrawal of the suitin China. From the data of the nation and some provinces and cities, we can find thepresence of the withdrawal rate and the defendant who does not change the specificadministrative acts of the plaintiff to apply for withdrawal of the characteristics ofhigh. These phenomena show that the abnormal withdrawal of the high rate ofwithdrawal of the system of administrative litigation in China. Non-normalwithdrawal rate affects not only the judicial authority, but also seriously damage thelegitimate rights and interests of the parties. The reason is partly because therelationship between China’s political system. On the other hand, is because of theadministrative proceedings withdrawn there is no effective review mechanism to run. The supervisory functions of the People’s Court decided to administrative proceedingswithdrawal of the need to review. China’s legislation also clearly defined it. Thisreflects the protection of the party’s right of appeal. However, in reality, non-normalwithdrawal rate of the phenomenon of withdrawal of the review mechanism does notactually play its role. It’s mainly because of lacking of withdrawal of the reviewmechanism.This thesis then analyzes the withdrawal of the review mechanism for the legislative history, found that the deficiencies therein. Administrative proceedingswithdrawals of the problems in the review mechanism are: no withdrawal of reviewfor different types of regulations, the court withdrawal of the review is not clearenough, the withdrawal of review of the way uncertainty. However, to improve thewithdrawal of the review mechanism of administrative proceedings is conducive toreducing irregular withdrawal of the caseload. And it can also solve the problems inthe administrative proceedings withdrawal of the system is running. Therefore, it isvery important improve the administrative proceedings withdrawal review mechanism. We want the withdrawal to serve the administrative litigation system as the goal. Wealso have to unify the withdrawal of administrative litigation review mechanism to beimproved.This thesis presents some suggestions in the difference between the plaintiff forthe proposed time, increasing the risk to inform the program, clear the Court to reviewa specific object, to establish the withdrawal of the review of specific standards,respect for the interests of the defendant judgment, allowing the plaintiff conditionalagain prosecution proposed several suggestions to improve the withdrawal of thereview mechanism. I hope I can help to solve the problems of withdrawal system ofadministrative litigation in China.