Study On Judgement Of The Situation Where The Illegality Has Been Confirmed But The Administrative Actions Have Been Not Withdrawn

After the introduction of the new < ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA>,the application range and conditions for judgement of the situation where the illegality has been confirmed but the administrative actions have been not withdrawn have been expanded.As a result,the legality and correctness of the work and behaviors of administrative organs could be better supervised and rights of concerning parties could be better ensured and protected.Based on the connotation,characteristics and value of this judgement,this paper clarifies the boundaries of this judgement from others.Moreover,this paper concludes the several drawbacks(e.g.the insufficiency in relief work,focus more on public interests instead of private interests and unclear action guidelines for remediation.)of this judgement through analysis of example cases in practice.Through the analysis,this paper finds out that the reasons for the drawbacks of this judgement are the weakness of judicial power facing administrative power and the sloganization of purposes of administrative procedure law.By studying the advanced judgement system from overseas,mainly from Germany and Britain,this paper tries to find out the methods to improve the judgement system of the situation where the illegality has been confirmed but the administrative actions have been not withdrawn.And the proposals are from two perspective,namely from legislation perspective and from the perspective of the remediation actions after the judgement.For legislation perspective,the private interests should be added into the order of considering factors when the judgement is made and the boundary of different severity of illegality should be clarified.For the perspective of remediation actions after the judgement,the contents and timeline of compensation should be in detail materialized.Moreover,there should be a standardized accountability system for the administrative organs and respondents whose actions and behaviors that are illegal.