Research Of The Proposed Judicial Administrative Proceedings

Judicial administrative proceedings is recommended that a judicial system with Chinese characteristics, to some extent, it can compensate for the lack of administrative referee, contribute to solving the difficult problem of the implementation of the Administrative Tribunal. However, the recommended practice of administrative proceedings and judicial disappointments, rarely favored judges reason, on the one hand, there is no clear legal validity and legal liability, resulting in a passive attitude toward the judicial administrative organs suggested the court; On the other hand, the judiciary is not independent, judicial personnel and property subject to local government, resulting in the court of last resort executive arrogance. Over time, the two types of statutory judicial administrative proceedings is recommended that type of punitive administrative proceedings and judicial remedies suggested judicial administrative proceedings proposal was shelved.In contrast, in practice, the Supreme Court of Justice advocate recommended administrative proceedings and issued a series of judicial documents to regulate the work of the judicial proposal to expand the scope of the proposed judicial administrative proceedings. Following this, the local people’s courts at all levels have begun to make extensive use of judicial activity in the trial suggested that these recommendations are not limited to the provisions of judicial legislation, showing a variety of forms, such as the case of class justice proposals, proposals and other integrated justice. Such legislation and practice contrasts resulting three questions: First, legal norms dummy; Second, legislation and judicial practice of disjointed; Third, suggestions and recommendations of the judicial administrative proceedings confusing use.Therefore, the recommended way of administrative litigation reform of the judiciary, on the one hand, the need to modify laws and regulations to clarify the meaning and legal effect of the proposed judicial administrative proceedings, as well as clearly being seriously suggested authorities bear the obligation of timely feedback, advice and administration in order to clarify the proposed distinction between judicial proceedings; On the other hand, the need to expand the appropriate administrative action proposed statutory scope of judicial and administrative proceedings by the judicial recommendations to improve the production, delivery, feedback and other procedures to regulate its operation mechanism, in order to better serve the judicial practice, enabling legislation and judicial practice of convergence.