Judicial Application Of Circumstantial Judgment

The circumstantial Judgment system is a theoretical concept corresponding to the first paragraph of Paragraph 1 of Article 74 of the Administrative Procedure Law of our country.This system itself involves the exercise of the people's administrative remedies,as well as the conflict between the public interests.Provisions of the circumstances,that is,a clear solution to the conflict method.However,since the system of case decision has been registered in our country,there are still many problems in its application,mainly in the aspects of broad application conditions,non-standard considerations,insufficient proof of argument and lack of remedial measures.The existence of these problems seriously affects the solution of public-private conflicts.The relative rights of the relatives are not remedied.On the one hand,they will adversely affect the credibility of the judiciary and on the other hand,it will also bring instability to social development.The judgment of the situation is a powerful lever to reconcile the public and the private interests.The theory of measurement of interests is the basis of its operation.The measure of interests is the inevitable way to get the judgment of the situation.The study of the method of measuring interests helps to overcome the current problems encountered in the judgments of the situation and give full play to its role.By sorting out the application of judgments in the judicial practice,we can find that there is no uniform judging idea for the judgments.Whether it is for thedetermination of public interests,major damages,or the application of remedial measures,it still cannot conclude a unified judgment.standard.In the determination of “public interest”,some courts judge from the perspective of beneficiaries and believe that if the beneficiary is an unspecified majority,it can constitute a public interest.Some courts think that the interests of specific objects can also constitute the public interest in the judgment of the situation.At this time,the specific objects are mainly the specific majority and the third party.In addition,in some cases the court also proceeds from the nature of the object of interest and considers whether the case involves a public interest factor.With regard to the identification of major damages,there are two main approaches in judicial practice.One is to use the status of interest objects as the evaluation criteria,and the other is to use abstract social costs as the evaluation criteria.As regards the application of remedial measures,there has been no uniform practice in practice and in most cases the verdict has not been ordered to require the remedial action of the defendant.In the cases where the court decided to take remedial measures,there are mainly three forms of remedy judgments: first,remedial measures are taken in direct judgments,and as to how to remedy,when remedial courts have not stated;second,the time limit for taking remedial measures;Clearly take the specific content of the remedial measures.The measure of interest in the judgment of circumstances is a method of measurement based on factual factors under a specific perspective.The emphasis of application is on the interpretation of the concept of "significant loss",an uncertain law.In the process of measuring interest,there are three types of objects form easuring interest: one is the public interest,the other is the third party's interest,and the third is the personal interest.Among them,the determination of the public interest should take the "unspecified majority" as the standard,take into account the case of the system interests and social interests of the inspection.For the determination of "major loss," public interests and individual interests in specific cases need to be measured,and the impact of administrative actions on the public interest and personal interests withdrawn from consideration.As an important means of safeguarding the rights and interests of the relatives,according to its functional orientation,the court,inmaking the decisions of the case,should balance the interests of the parties or repair the illegal administrative act in light of the specific circumstances and remedies as far as possible.When making remedial decisions,they may provide guiding opinions on the subjects of remedy,remedies,remedies and remedial deadlines.