Research On Judicial Change Right Of Administrative Punishment In Administrative Litigation Judgment

The judicial change right of administrative punishment in administrative litigation judgment refers to the administrative punishment of the administrative law filed by the people's court in accordance with laws and regulations,and it is considered that the administrative organ has discretionary administrative punishment,which violates the requirements of reasonable administration and is identified.On the basis of the facts of the case,the power to partially or completely change the administrative act in accordance with the relevant laws is to substantially resolve the administrative dispute.The change of the judicial change right from "significantly unfair" to "obviously inappropriate" is a further strengthening of the depth of judicial review.The judicial change right has three theories of "affirmative","negative" and "limited change".This paper argues that the "limited change theory" not only conforms to the reality of China,but also corrects the obvious improper administrative actions in a certain field,avoids circular litigation,and achieves a fixed point of dispute.Therefore,this article takes this theory as a position.The value basis of judicial change rights is the theory of separation of powers and balances,the principle of litigation economy,the possession and abuse of administrative discretion,and the final judgment under legal and reasonable.Compared with the"significantly unfair" standard,the "obviously inappropriate" standard has superiority in four aspects:clear rationality,consistent with the Administrative Reconsideration Law,commonality with life terms,and feasibility of court trials.After an empirical analysis of the judicial change right,this paper finds that the "obviously inappropriate" standard is vague,and the judges have differences when applying the judicial change right.Under the influence of the reality of the "two-person court",the "extraordinary execution of the wrong case system" and the pressure of the case brought about by sports law enforcement",the grass-roots judges have the problem of evading the application of the judicial change right.This paper proposes to define the criteria of"obviously inappropriate" from scientific definition,clarify the applicable boundaries of change judgments and revocation judgments under the "obviously inappropriate"standards,issue guiding cases to clarify the exercise standards of judicial change rights,and improve the grassroots courts under the judicial system reform.Four aspects are used as countermeasures to solve the above problems.