A Research About The Verdict Method Of Administrative Litigation Of PRC

Administrative litigation judgment system is one of the most keyadministrative procedure law system, the most important part of, and form ofadministrative decision is the ultimate sign of the administrative procedure lawlegislation purpose, and study the administrative litigation judgment form has the veryvital significance. According to the regulation of the administrative procedure law andjudicial interpretation, administrative litigation judgment forms are: maintain thejudgment or revocation of sentences(including heavy verdicts), change decision,implementation, validation of ruling and dismissed the claims sentences of six kinds offorms. These sentence forms in the trial practice still exist some disadvantages, thispaper aiming at the shortcomings of the existing, in order to solve the administrativelitigation on the protection of legitimate rights and interests of the shortage of actualneed, for the purpose of using the method of normative analysis and comparative law,according to the administrative litigation law, other country relatively mature system ofadministrative litigation legislation about the establishment of ruling form, starting fromthe general legislation to improve and perfect two levels, on the application of thecurrent sentence form perfect to make a more detailed analysis and put forward therelevant countermeasures and Suggestions.This paper is divided into three parts, the first part is general theory as well as therelated systems outside of the administrative decision is introduced; Withdrawn by thesecond part introduced (including heavy verdicts), maintain sentences, change, confirmsentences, performance of the ruling and dismissed the claims, such as the connotationof our country existing forms of six kinds of judgment and the suitable conditions andits deficiencies, the third part is aimed at the existing problems in sentence form, putforward the corresponding countermeasure and the suggestion, at the same time in orderto achieve the comprehensive guarantee citizens’ rights and interests of the value target of administrative action, put forward to increase set ban sentences, among themselves,and abandon, recognize, and other forms of judgment.