Study On The Judicial Relief Of Administrative Proved Behavior

Administrative proved behavior is one of the most important measures which are being implemented in our country nowadays. It itself is a kind of relatively flexible administrative action, at present the mode of advocacy service-oriented government plays a unique positive role. But because of China’s historical tradition, the judicial relief system is based on a mandatory administrative behavior for mostly, so it is natural and flexible administrative behavior between running in place, at the same time a certificate of administrative legal system is not completely, building the interaction leads to increasing administrative prove controversial cannot obtain the effective judicial relief. Therefore, this thesis attempts to comb inductive proof judicial relief system in our country, administrative prove that the essence of clear and definite attribute, the perfect administrative proof theory system, to provide judicial referee and legislative Suggestions. This paper is divided into five chapters:The first chapter "Administrative dispute cases highlight the judicial relief for the trapped". On the basis of the actual case in real life, simple induces the administrative lawsuit faced a number of theories and practice problem, in an attempt to reveal our country present stage the plight of administrative prove the existence of judicial relief system.The second chapter "Administrative prove fundamental questions of judicial relief system research". Through the administrative proved behavior nature interpretation, the components of the system combing with the integration of administrative proof, characteristics, legal attributes. The third chapter "Determination of the defendant in the lawsuit of administrative proof". According to sources from the administrative responsibility, combining objective cases in the practice, the administrative lawsuit defendant qualification standards for sure.The fourth chapter "Administrative proof suit in the choice of the way". Different from administrative to prove the infringement of fault liability belongs to distinguish, according to the objective facts, after as in administrative litigation, as a basis to choose the ruling way.The fifth chapter "Administrative proof suit bear the liability for compensation in". Rights and remedies, by the infringement shall compensate for. Through clear legal responsibility of administrative act, administrative relative person and the third person, get effective legal relief and damages.