Research On The Problems Of Trial Of Default System In Administrative Litigation

The system of default in administrative litigation is a system for how to conduct trials and make judgments in the case of administrative litigation in the course of administrative litigation,in the absence of litigants.Since the establishment of the Administrative Procedure Law and related regulations in China,the system has indeed promoted the administrative litigation in China,including improving the efficiency of the proceedings,preventing the parties from abusing jurisdictional objections and other judicial resources,and embodying the other party,and respecting for litigation rights and interests.On the other hand,the provisions of the current system of default adjudication in administrative litigation still have defects,and they are mainly manifested in the following aspects: First,the court trial cross-examination rules are difficult to operate normally;secondly,the original administrative litigation,the defendant's absence reasoning mechanism is lacking;thirdly,the lack of relief mechanisms for the litigant's litigation debate rights;and the fourth,the third party's legitimate rights and interests.Starting from the basic thinking of "proposing a problem-analyzing a problem-solving a problem",this article will use the literature reviewmethod,data analysis method,empirical investigation method and other methods to analyze the current domestic administrative lawsuit default judgment system to a certain degree of promotion and its reflected defects,and draw on domestic civil law.With the criminal law default judgment system,as well as foreign regulations and theories on absenteeism,and other special procedures in China's current law,explore the enlightenment and enrichment of the perfect judgment system for administrative litigation in China.The theory of default judgment system in administrative litigation.The first part will mainly introduce the basic provisions and legal characteristics of the current administrative litigation default judgment in China,and will conduct statistical analysis on the administrative litigation situation in China from 2016 to 2018 mainly through literature review and network information collection and investigation.Combined with the case of collecting and reviewing,it is found that the current administrative litigation default judgment still exists.Based on the empirical investigation of the above part of the second part and its preliminary statistical analysis,the author analyzes the procedural promotion effect and the positive significance of the traditional form of administrative litigation.The remaining judgments still have or need to be resolved,including whether the burden of proof and the rules of evidence can continue to apply or how to apply in thiscase,the absence of the plaintiff in the administrative litigation is unclear or the mechanism of the cause is lacking,and the parties absent from the administrative litigation are subject to How to better remedy after absenteeism to protect the rights and other issues of the court debate and confrontation that are essentially "one less",and how the legal rights of third parties are guaranteed in cases of absenteeism.The third part will be based on the particularity of China's administrative law and administrative litigation.Starting from the theoretical evaluation and reference of administrative litigation and administrative law,it will improve the relevant theories and ideas of the default judgment of administrative litigation in China,including the gradual improvement of administrative Litigation mode,clarify the relevant legal concepts for clarifying administrative litigation,improve the review mechanism for the qualifications of administrative litigation,and appropriately expand the scope of the applicable subject of trial in absentia.And the fourth part will start from the establishment and improvement of the system of default in administrative litigation,and explore and improve the system of default judgment in administrative litigation,including the improvement of the application of the evidence rule of administrative litigation,the establishment of the administrative litigation plaintiff reasoning mechanism,and the establishment ofadministrative litigation.The person in charge of the refusal to appear in court shall appeal to the system of other substantive punishment measures other than the announcement and judicial advice,fully protect the lawful rights and interests of the third party in the default judgment,and other measures.