Administrative Litigation Retrial System Of Self-criticism And Remodeling

The administrative re-trying system takes an essential part in the administrativeprocedural law, corrects the mistake regarding the People’s court, defends litigant’s lawfulright, realizes justly finally has the great significance. The administrative re-trying systemis one system that carries on to rectify again the mistake which appears in the first andsecond trial of the administrative proceedings, and gives benefit to injured suffers. Theadministrative re-trying system itself at the same time has the correction mistake and therelief, but looked from the practice, administrative re-trying has not played its proper role.Accordingly, from the perspective of theory and practice, basing on discoursing the statusquo of china’s administrative re-trying system, this article review its defect and rebuild it,which is of important significance to protect the lawsuit right of the concerned parties,resolve the dilemma of china’s administrative re-trying system and promote itsdevelopment.Three chapters to be arranged in this article: chapter one mainly summarize theadministrative re-trying system. At first this chapter defines the concept of the re-trying,and then discusses the relationship and the difference of the re-trying and the relatedconcept, thirdly comb the evolution of the administrative re-trying system first, thendefine the concept of it and discuss the necessity of establishing it. Chapters two mainlydiscusses the status quo of china’s administrative re-trying system and review its defectfrom the perspective of theory and practice. Chapter third mainly discusses the rebuildingof china’s administrative re-trying system. This chapter innovate the guiding ideology ofchina’s administrative re-trying system at first, then propose pointedly the principle andimprove the convergence system and the Administrative Litigation and the solution ofimproving it.