Research On Judicial Review Of Administrative Litigation Interests

According to the provisions of the Administrative Litigation Law of the People's Republic of China on the suitability of administrative litigation,it is known that the main body of administrative litigation is citizens,legal persons or other organizations that are interested in the administrative action of the lawsuit."Interest" as a standard of administrative litigation sue,the scale and scope of more difficult to grasp.It is very important to define and interpret the "interest" from the point of view of guaranteeing the litigation rights of the parties and improving the judicial efficiency.This paper studies the judicial review of the administrative litigation interest from the perspective of the controversy over the collective dispute of collective land use in judicial practice.Article from the structure,mainly including the introduction,the text and the conclusion of three parts,the text part includes three chapters.details as follows:The introduction of the topic of this article,research significance and research methods are described in three aspects.The first chapter of the text is "asking questions".This chapter introduces the legal issues embodied in the case,that is,the judicial review of the administrative litigation relationship,on the basis of introducing the case of the collective land use right recovery dispute.In the judicial practice,the court has different understanding of the judicial review of the administrative litigation interests,not only will affect the reunification of the rule of law and the authority of the judiciary,but also affect the relevant entity rights can obtain judicial relief,directly determine the effect of rights relief.Therefore,the application of the judicial review of the administrative litigation interests is realistic and necessary.The second chapter is the "legal analysis".First,the concept of the definition,including the "administrative litigation interest","judicial review" and "administrative litigation interests of the judicial review" concept;Secondly,the administrative litigation interests of the judicial review of the difficulties of analysis,And the judgment of the interest and interests is the difficulty of the judicial review of the administrative litigation interest.Thirdly,it is difficult to judge the judicial review of the administrative litigation relationship with the collective land use right.The third chapter is "Revelation and suggestion".Although the judicial review of administrative litigation is difficult,especially in the collective land use right to recover the dispute,but it is necessary for administrative relief.Administrative litigation is the channel of administrative relief.The judicial review of administrative litigation is the basis of administrative litigation.In this sense,the necessity of administrative relief determines the necessity of judicial review of administrative litigation.In the collective land use right to recover the dispute,the need for administrative relief to farmers is to be concentrated.Therefore,on the one hand,from the point of view of the balance of interests,civil action can not effectively solve the infringement of citizens' rights and interests in the face of the powerful public power of the administrative subject,and the administrative litigation can supervise the administrative power and the relief interest,It is suggested that in the dispute involving the protection of citizens' rights and interests,especially the collective land use right to recover the dispute,the administrative litigation interests judicial review of the prejudice;the other hand,if the plaintiff involved in the legal relationship between the entities involved in the dispute Litigation,the judge should bear the obligation to explain.The conclusion part summarizes the content of the whole text.