The Dilemma Of The Administrative Lawsuit Withdrawal System And Its Solution

The development of the administrative withdrawal system has gone through three stages:the implementation of the procedural law,the introduction of the withdrawal rules and the revision of the procedural law.The judicial policy behind it has also gone through the changes from internal restriction to the application of the withdrawal of the appeal,and the establishment of a diversified dispute settlement mechanism.The first part of this paper,on the basis of understanding the development process of the administrative withdrawal system,conducts normative analysis on the administrative withdrawal system,and promotes the administrative withdrawal system to achieve the legislative purposes of dispute resolution,protection of plaintiffs rights and interests,supervision of administrative actions,and protection of social and public interests and the interests of third parties.The second part through analyzing the running status of our current case system,with the national dropped rate and B,the court in the city of administrative decision for case typed based classification data,show the reality situation of administrative decision,summarizes the administrative decision is compared with the civil case rate is on the high side,dropped the examination become a mere formality,difficult to guarantee of the rights and interests of the plaintiff,the administrative dispute failed to adequately resolve many difficulties.The third part explores the plight of the administrative decision for specific causes of analysis for the withdrawal of the suit system has censorship rules not clear,oneness and diversity of corresponding practice and the problem of lack of plaintiffs' rights relief and decision system for the main body the influence factors of the existence,causes the administrative decision system.The fourth part,aiming at the causes of the above-mentioned difficulties,puts forward the commonness of the administrative withdrawal dilemma in terms of system improvement and individual measures for specific cases,so as to provide a reference for the improvement of the withdrawal system.