Research On The Administrative Judgement Of Administrative Reconsideration Organ As Joint Defendant

The new Administrative Procedure Law stipulates that when administrative reconsideration organ affirms the original administrative act,it shall be regarded as joint defendants together with the original administrative organ.The purpose of setting up this regulation is to break the realistic dilemma that the reconsideration organ keeps the original administrative act in order to avoid being the defendant in administrative practice.The system of the reconsideration organ as the joint defendant establishes the judgment rules different from other administrative litigation,when the people's court hears a lawsuit in which the reconsideration organ and the original administrative organ are the defendants,it is necessary to examine the legality of the two organs and make a judgment together.The rule of simultaneous judgment plays an important role and significance in reducing the litigant's litigation burden and ensuring the consistency of the application of law in cases.But in the case trial,the current law on how the people's court judgment is not perfect.And the administrative litigation judgment rules of the joint defendant are still in the early stage of judicial practice.Therefore,there are many problems in the application of administrative judgment rules of reconsideration organs as joint defendants in judicial practice,legislation and other judicial responses need to be improved to solve the problem of administrative litigation judgment in judicial practice in which reconsideration organs act as joint defendants.Based on the existing legal normative texts and judicial judgment cases,this paper analyzes the administrative judgment of reconsideration organs as joint defendants,which is mainly divided into the following four parts:The first part is to analyze the current administrative judgment rules of reconsideration organs as joint defendants,it mainly includes two parts: one part is to analyze the rationality of the rule of simultaneous judgment,and demonstrate it from three aspects of legal theory,judicial practice and overseas experience.The other part is about the current reconsideration organs as joint defendants of the specific rules of judgment analysis,analysisand interpretation of the people's court of reconsideration organs as joint defendants of the administrative cases of three types of judgment.The second part is to analyze and discusses the administrative judgment judicial status of reconsideration organs as joint defendants.Through the investigation results of the people's courts of liunan and sanjiang to expound and analyze the judicial status of administrative adjudication cases in which reconsideration organs are joint defendants from three aspects:the number of cases,the type of cases and the judgment results.On this basis,the characteristics of administrative judgment cases in which reconsideration organs are joint defendants are summarized and analyzed.The third part is to analyze the cases of judgment in judicial practice and the existing legal texts,in order to explain the problems existing in administrative judgment in which reconsideration organs act as joint defendants.It mainly includes three aspects: the inconsistency of the adjudication method,the violation of the law and the administrative adjudication of substantive changes made by the reconsideration organ to the original administrative act.The fourth part in view of the problems existing in administrative judgment in which reconsideration organs are joint defendants in judicial practice,this paper puts forward targeted suggestions from five aspects:refining the way of administrative judgment,strengthening the rationality of administrative judgment,clarifying that the amended original administrative act belongs to the scope of legality review,amending the relevant provisions of administrative review law and improving the judgment ability.