Research On The Applicable Situation Of Cancellation Judgment In China's Administrative Litigation

The administrative litigation rescission judgment is the core judgment form in China's administrative litigation judgment system.It most directly restricts the illegal administration of administrative agencies and balances the negative consequences of the increasingly expanding administrative power.Similarly,the withdrawal of judgments in the protection of the legitimate rights and interests of citizens,legal persons or other organizations also plays an irreplaceable role.Analysis of the withdrawal of judgment,from the current case,the actual use of bias is obvious,from the national data reflect the overall application of the situation has gradually shrinking trend.Judging from the specific circumstances of application,the specific application of the revocation judgment rule itself is relatively general,and the applicable legal boundaries,application scope,judgment standards and practical applications have not reached relatively consistent views in the academic and judicial practice circles.Therefore,it is necessary to conduct a study on the application of administrative judgments to cancel judgments in order to better regulate the cancellation of judgments and to exert the supervision and safeguard role of the cancellation judgments.Based on the above analysis,the paper combines the case of the new administrative litigation law after the implementation of the case from the four parts to elaborate the administrative litigation rescission judgment,the analysis of the application of the rescission judgment,and combined with the judicial practice in our country put forward the corresponding recommendations.The first part is the basic theory of China's administrative litigation rescission judgment.Through the basic theory,it can understand the basic connotation of China's administrative litigation rescission judgment and its revocability,the formation of judgment,the repeal of the revocation content and the collaterality of the undo result.And from the nature,scope and content,etc.to distinguish the difference between the cancellation of the verdict and the confirmation of the illegal verdict and the confirmation of the invalid verdict.The second part is the introduction and enlightenment of the application of the foreign administrative litigation rescission judgment,the main Anglo-American legal system and the civil law system.The enlightenment of perfecting the litigation judgment system and perfecting the concept of safeguarding legal rights through the introduction of the writ system and the withdrawal of applicable conditions in the United Kingdom and the United States,and the elaboration of the specific characteristics of the civil law system in the cancellation judgment.The third part is the analysis of the problems in the practical process of the application of China's administrative litigation rescission judgment,which will be the focus of this article.This section explains the case data after the promulgation of the new law,mainly from the ambiguous legal boundaries of procedural violations,the dual predicament of legal and practical abuse of power,the lack of explicit application of re-judgment,and the narrow scope of application of obvious irregularities and fuzzy judgment standards.At the four levels,we need to analyze the pending issues in China's administrative litigation revocation judgment,and pave the way for further improvement of the recommendations.The fourth part is a number of suggestions to clarify the application situation of China's administrative litigation cancellation judgment.In response to the issues raised in the third section,corresponding solutions are proposed to clarify the legal boundaries of procedural violations,to clarify the legal application of abuse of powers,to clarify the scope and standards of "obviously inappropriate" and to clarify the application of the decision.