The Research Of Administrative Proceedings' Res Judicata

Based on the traditional res judicata theory of administrative litigation and the administrative litigation process,the administrative proceedings is divided into a plurality of parts according to certain standards,the res judicata of each stage of administrative litigation make the theory of res judicata to maximize its function,thus protecting the civil rights and supervising the administrative power,thus promoting a satisfactory solution to the dispute and improving the practice of administrative activities.The first part of the article is the reason of the research,mainly expounds the theoretical research and the practical dilemma of the traditional res judicata of the administrative litigation,and thus leads to a new perspective on the study of the res judicata of administrative litigation.The second part is the interpretation of the basic system,including the basic concept of res judicata and its traceability and current situation,the concept of administrative proceedings and the role of periodicity of res judicata,and the theoretical basis for the study.The third part is to explore and study the role of the administrative litigation in the stage of accepting the case,the stage of the trial,the stage of the disclosure,the stage of the judgment documents and the stage after the litigation.The fourth part is the construction of the relevant systems and the corresponding modifications,including the improvement of the litigation system and the amendment of the administrative organ.The former includes the mediation system construction in pretrial and in court,the intermediate judgement systems,the judgment must to explain the reasons of sentencing and improve the system of reasons in judgement documents;the latter includes the construction models of administrative mode and establish a supervision system of litigation.The last part is the conclusion.Traditional jurisdiction,much stronger than private rights and less objective than administrative power,should adjust to the development of the society in order to face with the real challenge arising from changing.A plenty of social problems develop multi-functional resorts to deal with matters and judicial action is one of those.Lawsuit aims at bring an accusation against someone and the very nature of that is a party in dilemma asks for remedies from the judicial systems to deal with it impartially.Lawsuit is main remedy in modern justice,aim at resolving arguments and protect the interests of litigants,hoping to realize the aims and power of justice and let litigants believe in the awards.The decisions may be legitimate and reasonable in the aspects of substantiality and procedure:the proceeding is conform to the legal proceeding and the result of lawsuit is both legitimate and logical.Administrative action,one part of three types of lawsuit,is the foundation of nation that rule of law,has its own res judicata.Res judicata,concern orders that is stable and predictable under rule of law,influence the real legal effct profoundly and protect the interests of administrative counterparts,sometimes it may construct a model of administration in practice and theory.As all mentioned,it is valuable to discuss.