Research On The Revocation Judgment Of Our Administrative Litigation

The revocation judgment is the most important and widely applied form in our administrative litigation system.It also highlights two functions of objective legal order maintenance and subjective public rights relief.The premise of applying revocation decision is to examine the legality and reasonableness of the sued administrative action.On the one hand,it requires the possibility of being revoked of the sued administrative action,and on the other hand,it demands that the degree of the defect has reached the necessary standard to be revoked.Our Administrative Procedure Law stipulates six reasons for revocation,but how to choose the revocation and how to determine the criteria of judgment in each case,being difficulties in judicial practice.Meanwhile,for the influence of the defect legal system and the restriction of the judicial trial level,has led to some prominent problems such as the confusion of the revocation decision,dispute settlement is not complete and the improper use of judicial discretion.Which has been seriously affect the judicial function and the relief of the human rights.For these reasons,this paper will analyzes combine with theory and practice,and put forward a perfect way to regulate the revocation judgment in judicial practice.This paper contains four parts:The first part is the basic theory of the revocation judgment,and mainly analyzes the legitimacy,function and effect of the revocation judgment.The second part,from the necessity and possibility of the revocation judgment,put forward some conditions and standard judging for judgment.The third part focuses on the combination of judicial precedent,and analysis the present situation and existing problems of revocation judgment for four aspects.The fourth part put forward some perfecting suggestions for the revocation judgment.Namely in the choice of the cause of revocation,should satisfy the judgment standard of "independent revocation caused consequences”;all of the legal relations should be relief in the judgment paper;The court should also give sufficient deference to the administrative agency when it related to judge the questions.