Research On The Decision Types Of 2015 New Administrative Procedure Law

The administrative litigation judgment plays a key and significant role in the administrative litigation system for it is an entity judgment at the end of the trial and a mark for legislation intent of administrative law. There are various kinds of judgments which have diverse influences on the function realization of the administrative litigati on. Types stimulated in the 1990’s administrative procedure law and relative judicial interpretation are maintenance sentence, alteration, cancellation, confirmation decision, performance sentence and dismission claim, etc. Though every kind mentioned abov e has its advantages in practice, it is also inevitably deficient, such as its limitation only to specific administrative act, single-faceted function, unscientific application scope and so on.Based on the situation in 2015 enacted the latest administrative procedure law of our country’s administrative litigation judgment type made corresponding change, such as the sentences on the condition of scientific nature, the way of innovation, kinds of comprehensive judgment, etc., make a sentence type is relatively perfect and reasonable, worthy of affirmation. However, combining with the practice at home and abroad, type of administrative judgment in China has been constantly improved, but there are still insufficient, practice each sentence types are discussed in this paper, points out its deficiency, combined with the experience, puts forward perfect opinions.Issues to be further studied proposed by the introduction of this article is the imperfections of current administrative judgments types of China. This part also describes domestic and foreign research situation and author’s way of thinking. The first chapter, the types of judgments ruled by China’s administrative procedure law are set forth so as to form a clear summary of concepts and range of application of various judgments types; The second chapter indicates the changes of administrative procedure law issued in 2015 to illustrate the advancement of the new version; The third chapter put forward existing problems of administrative procedure law, such as research on necessity of reworking decision, feasibility of clearly stipulates judgment types, narrow scope of application of alternating judgments and lacking relative judgments; The fourth chapter is about suggestions on existing problems proposed by the author to the amending and improving, for example, the author suggest removing the type of rework judgments and adding ban judgments and redress judgments. Finally, the whole article will be concluded to express the very thought of the author.