Study On The Judgement Of Remaking Specific Administrative Act

A court ordering an administration to make a judgment again on a specific administrative act is also called remaking judgement.Remaking judgement is usually made together with the cancelling judgment,and its main function is to solve the remaining legal problems after the cancelling judgment,to protect the interests of the state,the public,the third party and the relative party.However,there have been a number of challenges to the remaking judgement,some of which include the cancellation of the form of the sentence.The purpose of this paper is to demonstrate the legitimacy of remaking judgment in combination with the characteristics of remaking judgment,to improve the applicable conditions of remaking judgment,and to explore how the relative party can get relief in case of illegal remaking,so as to make the remaking judgment play a better role.The first part of this paper analyzes the legislative status and judicial status of remaking judgement.Through the analysis of the present situation,the author thinks that there are two problems in the legislation: The application standard is unclear,and the content of remaking judgement is unclear.There are also two problems in the judicial practice:The application of the remaking judgement is random,and the remaking judgement could not solve the dispute completely.In the second part of this paper,the necessity of remaking judgement is demonstrated.Firstly,the author responds to the question that the verdict does not match the claimsfrom the perspective of the authority of administrative litigation.Secondly,from the perspective of protecting the legitimate rights of relative party and substantive dispute resolution,the author responds to the questions raised from the theory of division of power.Thirdly,the author responds to the question that there is no applicable space for the remaking judgement from the perspective of the difference between the remaking judgement and the“performing judgment”.Fourthly,from the view of practical effect,the author responds to the question from the binding force of “cancelling judgement”.The third part of this paper discusses the applicable conditions of the remaking judgment.Firstly,the author expands the main judgment of remaking judgment.Then,the author analyzes the necessity and possibility of remaking judgment from the perspective of the examination of the illegal causes.Finally,the author analyzes the conditions of substantive remaking judgment and the time limit of remaking judgment.In the fourth part of this paper,the author discusses how to remedy the litigant after the administration refuses to remake administrative act,delays to remake and remakes repeatedly.The author thinks that the remaking judgment conforms to the judicial reality of our country.In the future,with the improvement of the remaking judgment,the relative interests and public interests will be better protected.