Research On The Remedial Judgment Of Administrative Litigation

The administrative litigation of our country in the construction of socialist legal system country as the ultimate goal,to provide powerful guarantee for people’s rights and interests,promoting the legality of administrative power and further perfecting the administration of justice,let all the work of the administrative departments and organs of the state in accordance with the law.On 1 May 2015 in our country officially promulgated and implemented a new modification of the administrative procedure law of the People’s Republic of China,the legal system of uniqueness in new remedial decision system,will further clarify the nature of remedial decisions,"decision”.The76 th and 78 th articles in the new “Administrative Procedure Law of the People’s Republic of China” implemented from May 1,2015 provided a new form of judgment-remedial judgment.As early as 2000,the supreme people’s court had preliminary established the ruling way in the judicial interpretation,but did not cause enough attention and concern.The remedial judgment carries multi-functions such as compensating the defect caused by abrogating a judgment and confirming the incomplete settlement of the judgment,realizing effective relief of the right of private party,playing illegal responsibility evaluation function of administrative judgment and improving efficiency of administrative litigation,all of which are basic and irreplaceable features of remedial judgment differentiating it from other forms of judgment and making it an indispensable part in the whole administrative judgment system.This article through the rules of composition,the function of the remedial judgment of the law norms,to remedy the decision form normative theory,not only for further study on the judicial practice of the remedial decision status,function,application problems such as theory basis,but also help trimming of the remedial decision right,and has important theoretical and practical significance to improve the quality of the court to remedy,safeguard judicial authority.