Research On Judicial Suggestions In Administrative Litigation

Judicial proposals have a long history in China.They have been in embryonic form since the founding of New China and have developed rapidly since the reform and opening up.The Supreme People's Court has issued many documents to emphasize the importance of judicial recommendations.Local people's courts at all levels have also responded positively.The courts at the high,middle and grass-roots levels have actively carried out judicial practice and achieved good social impact.As a measure of extending the management function of the people's court,the judicial proposal of administrative litigation plays an important role in resolving administrative disputes,resolving social contradictions and maintaining social security and stability.Litigation is an important choice to solve social contradictions.People's courts usually know more about social problems than other organs by hearing cases.Some social problems can not be solved by adjudication,but need the participation of courts.The system of judicial suggestions emerges at the historic moment.The People's Court put forward some solutions through in-depth analysis of these problems.By studying the specific cases of people's courts using judicial suggestions to solve problems in practice,we can have a certain understanding of the situation of judicial suggestions in the actual operation.Owing to the vast territory and complicated political,economic and cultural relations,the application of judicial suggestions by courts of different levels and regions in China varies.Generally speaking,the economically developed regions use judicial suggestions more frequently,with high quality,and play a greater role than the economically backward regions.Compared with provincial high courts,grass-roots courts and intermediate courts use judicial recommendations more frequently and more frequently.Grass-roots courts and intermediate courts often send judicial suggestions in one case and similar cases to administrative organs.Through the analysis of individual cases,this paper analyses the specific administrative acts of administrative organs,points out their shortcomings,and puts forward some suggestions for these shortcomings.The Supreme Court mainly combs and summarizes the whole administrative litigation in the region by sending comprehensive judicial proposals such as white papers of judicial proposals,points out some problems in administrative management of the administrative organs in the past period,and puts forward some relatively targeted opinions on these problems.Although judicial proposals play a greater role in the social management function of courts,there are many problems in the current situation of judicial proposals in China.These problems include: first,unbalanced development.Regionally speaking,the eastern economically developed areas generally use judicial proposals more frequently than the Western economically underdeveloped areas.From the level,the grass-roots courts and intermediate courts The courts send more judicial proposals than the high courts.Secondly,the feedback of the administrative organs is not timely,because the judicial recommendations are not compulsory,the administrative organs have been in a strong position for a long time,and the administrative organs ignore the judicial recommendations more often,resulting in the lower enthusiasm of the judges to send judicial recommendations.Third,the operation of judicial proposals is not standardized,the production of judicial proposals does not have the same format as judicial documents,and the formats of judicial proposals produced by courts all over the country are different.Judges have greater randomness in the process of making judicial proposals.In view of the problems arising from judicial recommendations,the main reasons for the analysis are as follows: First,the concept of active justice has not yet formed.Active judicial concept requires court judges to put forward some solutions to the problems in social management of some administrative organs reflected in the case after the completion of the trial.Secondly,the contradiction between the number of court cases and the number of judges is prominent.Especially since the implementation of the registration system,the number of court cases has increased dramatically,and the number of judges in the administrative tribunal is small,which makes it impossible for judges to spare time to make judicial recommendations.Thirdly,there are fewer basic theoretical studies and more disputes in the field of administrative law in China,and fewer studies on the validity and legitimacy of judicial recommendations in administrative litigation.Fourthly,our country has less legislation on judicial proposals at the national level,which leads to an embarrassing situation in judicial practice.On this basis,the author puts forward some solutions to these problems,such as the more authoritative role of the intermediate people's court,the improvement of the procedure for issuing judicial proposals,and the improvement of the administrative law enforcement level of the administrative organs.