Study On The Time Benchmark Of Judgement In The Revocation Litigation

The problem of revoking the benchmark of litigation judgment refers to the fact that the facts and legal status on which the administrative act is based may change during the period in which the administrative action is made after the administrative action is made.When the above change occurs,the court should Based on the facts and legal status of the time,decide whether to revoke the administrative act? According to the relevant provisions of China's relevant laws and facts,when the legal basis of our country is made for the act,and the factual basis is the judgment,but the scope of the factual proof is limited by the subject of the proof,it is not difficult to see that in the law of our country There is no such thing as a referee's benchmark.It can only be derived from the relevant provisions of the law and the factual determination,and draws the inference of the referee's benchmark in China.However,the current arrangement of the referee's benchmark time arranges the legal benchmark time and the factual benchmark at different points in time,separating the connection between the fact finding and the law application,and when the judgment is the factual basis,it is legally required to be administrative.Organs have the ability to foresee the future,do not base themselves on reality,threaten the stability of the legal order,and how to improve the system of referee benchmarks in China has become an important issue that cannot be avoided in the field of administrative litigation law in China.The purpose of this paper is to sort out the existing doctrines when the referee's benchmark is abolished,and to make recommendations on how to improve the referee's benchmark system in China.At present,the problem of revoking the benchmark of litigation judgment is that there are mainly three kinds of doctrines in the academic circles when the behavior is made,and finally when the administrative organ decides,and when the judgment is made,the difference between the administrative behavior and the judgment is obvious.When the behavior was made,it was more focused on the maintenance of the legal order.The judgment said that it focused more on the protection of the legitimate rights and interests of the people.In the end,the administrative organ decides that the theoretical basis is the same as that when the administrative action is made.The difference is that when the final administrative organ decides,it should be considered as the benchmark for the revocation of the lawsuit when the final administrative decision is made(that is,when the administrative reconsideration decision is made).When the act is made,it is said that the first administrative act should be taken as the benchmark for the revocation of the lawsuit.However,whether it is said when the act is made,when the final decision is made by the administrative organ,or when it is judged,it is not enough to solve the problems in the system of revoking the litigation judgment in China.In order to construct a perfect system for revoking the litigation judgment,it is necessary to A comprehensive analysis of the special provisions of the law,the purpose of administrative litigation,general legal principles,and the specific characteristics of administrative actions.According to the different initial legal status of administrative actions,administrative actions can be divided into administrative actions when the behavior is made and administrative actions when the behavior is made.In part of the consideration factors,the initial legal status of the administrative behavior will be different.When the referee is benchmarked,it is necessary to analyze the various consideration factors according to the initial legality of the administrative behavior,and combined with the current administrative litigation system framework in China,proposes to reconstruct the system of the referee's benchmark.The final conclusion is as follows: If there are special provisions in law,the special provisions of the law should be given priority,that is,when the judgment of the law on a certain item stipulates the basis of the judgment,the special provision should be given priority,only in the absence of special provisions of the law.In the case of the general rule of revoking the judgment of the adjudication judgement;according to the different legal status of the administrative act,when different referee benchmarks should be formulated,the administrative act against the original law should be based on the principle of the rule of law,whether based on administrative litigation.The purpose of setting,the general legal principle or the specific characteristics of administrative actions,etc.,should be based on the time when the administrative action is made.For the original legal administrative behavior,the conclusions drawn from different considerations are quite different.If there are multiple factors in the same case(inferring different referee benchmarks),it is not enough to adjust in the form of principles and exceptions.The revised judgment should be used as the benchmark for the revocation of the lawsuit.The basic position is as follows: to confirm the effectiveness of the administrative period of legal action,but because of its subsequent violation of the law,it should revoke administrative actions from the point of violation of the law.The revised judgment said that taking into account the principles of litigation economics,the purpose of litigation for the protection of the legitimate rights and interests of the people,the stability of the law,the principle of separation of powers,etc.,is the best choice for the original legal administrative action to abolish the benchmark of litigation.