Reach On Expanding The Scope Of Application Of Alteration Of Judgement In Administrative Litigation

Alteration of judgment is one of the most difficult and controversial forms of administrative judgment.In judicial practice,there is always a low utilization rate of alteration of judgment.The main reason for this problem is that the scope of application of alteration of judgment stipulated by law is too narrow.Based on this,this paper researches on the extension of the scope of application of alteration of judgment.Before discussing the scope of application of alteration of judgment,a introduction of the basic theory of alteration of judgment in administrative litigation.Then the present situation of the application of alteration of judgment in China is introduced and the reasons for the existing problems are analyzed.Based on the similar experience in the administrative litigation of the two major legal systems,this paper puts forward the concrete assumption of expanding the scope of application of alteration of judgment in our administrative litigation.