On The Regulation Of The Change Of The Administrative Action Of The Lawsuit

Since the Administrative procedure law for the People's Republic of China(Hereinafter referred to as "the Administrative procedure law") had enacted and implemented in 1989, the question of whether the defendant administrative activities can be changed by administrative subject be sued In the course of legal proceedings has been a controversial topic. Three viewpoints had been suggested in academia,including" Favorable attitude to change","Negative attitude to change","Compromise attitude to change". Up to now,they have disagreement on the issue of concept definition of defendant administrative activities renewed among theoretical circles. There are different opinions on its legal attributes, such as "Administrative action","Legal actions","Composite Behavior". Defendant administrative activities changed by administrative subject accused are quite common in judicial practice.Once the defendant administrative subject realize their behaviors have some improper or illegal problem, and take the initiative to renovate them, in this situation, it will help ease tensions between plaintiff and defendant, provide remedy in time for the losses of the administrative relative person,then the best solution of the case ultimately be achieved.However, owing to deficiencies of legal regulation, negative effects that the unrestricted administrative activities accused bringing about become clear. Then, how to rule the behavioral change becomes a new contention. In order to achieve positive results and to deal with the negative problem in judicial practice, in-depth theoretical analysis on defendant administrative activities renovating are of great importance.Changes made by defendant administrative subject need to be effectively regulated and restricted with rules. It can seek profit and avoids loss, ultimately.