The Legal Interpretation Of "The Subject Matter Of The Action Has Been Restrained By The Effective Referee"

The judicial interpretation of Article 69 of the New Administrative Procedure Law stipulates that the "rule of the lawsuit has been restrained by the effective ruling" has ruled to dismiss the lawsuit.This article is a legal interpretation of the law.The overall logical structure uses the theory of litigation subject and combines the theory of judgment to explain.Let's start with a case of administrative revocation of a lawsuit,leading to the central issue of the full text,and revealing the lack of a clear understanding of the subject matter of administrative litigation in the practice of administrative judicial adjudication.Then use the method of legal interpretation to this law,first analyze the connotation of the object of litigation,and introduce the theoretical arguments about the object of litigation.Next,analyze the scope of effective judgments,for example,the package does not include the ruling,the package does not include the civil and criminal law adjudication documents,whether the adjudicative power of the adjudication documents is limited to the referee text,and the packet does not include the reason for the adjudication.It also explains the subjective scope of the judgment,such as whether the effectiveness of the ruling on the parties who did not participate in the pre-trial trial exists,and the restrictions on the administrative organs.It reveals the binding force of the ruling document of the effective judgment of the previous suit on the subject matter of the subsequent suit,and its vested effect is certain and extensive.The last chapter summarizes the core of the academic discussions on the subject of litigation and res judicata in the previous chapters,and puts forward the definition of the subject of administrative litigation,and makes a complete legal interpretation of the law.