Research On The Change Of Decision In Administrative Litigation In China

The Change judgment is not only one of the most important forms of administrative litigation in our country,but also an important means for judicial organs to supervise the administration of law according to law.China's“administrative procedural law” legislation has made remarkable achievements since the reform and opening up.But also,we must be admitted that China's“administrative procedure law” in the specific system design is still unsatisfactory.Administrative litigation judgment has a corresponding change in the legislation and the system,but not perfect.The judicial practice also has scope to change the decision of narrow,low application rate,the problem of judicial trial by administrative effect,cannot play its proper value.After the revision of the“administrative procedure law”,to further improve the relevant legislation,expanded the scope of administrative litigation judgment change,increase the adverse alteration prohibition principle,to a certain extent,solved the problems.To protect the legitimate interests of the administrative counterpart,improving litigation efficiency is of great significance.At the same time,“administrative procedure law” in progress in the revised.With the China's judicial practice,grasp the objective analysis of the new law,analysis of the causes of problems and the existing production,and puts forward the countermeasures to solve the problems,to further improve China's administrative litigation system,to change the decision is necessary.The article puts forward to improve the administrative litigation change judgment legislation,at the same time perfect relevant supporting system,change the scope of the judgment should not be bound to the substantive rights areas,can be programmed to the development of the field of ideas and ideas.We hope that it can help to improve the administrative litigation modification judgment system and related theoretical innovation.The article has divided into three parts: introduction,text and conclusion.The text is divided into four chapters,the first chapter is the basic theory of change decision,summarizes the concept and characteristics,change decision to change the decision of development and change;The second chapter of the change of judgment in our country administrative litigation system status and evaluationanalysis method of vertical change decision and highlight the applicable standards in judicial practice in the third chapter of the basic situation;change decision,analyze the problems and the causes;The fourth chapter is the focus of the article,mainly summarizes some problems after amending the law in the judicial practice for alteration of judgment should be grasped,and aiming at these problems,puts forward some suggestions for improving the system and the idea of my the alteration of judgment in administrative litigation.