Research On The Protection Of The Rights And Interests Of Administrative Counterparts In Affirming Illegal Judgment

After nearly two decades of judicial practice,the confirmation of illegal judgments has become a more important form of judgment in the field of administrative litigation.However,due to the compromise in the theoretical foundation of the illegal judgment,the validity of the judgment to confirm the illegal judgment is incomplete and cannot directly produce relief.Such compromise makes the confirmation of the illegal judgment in the field of protection of administrative counterparts.Institutional internalization flaws.In order to solve the internalization defects in the confirmation of illegal judgments,in the legislative process,administrative litigation has set up two rights protection measures for the confirmation of illegal judgments,namely remedial measures and compensation measures.However,by analyzing the judgment documents involving the confirmation of illegal judgments,it can be found that these two rights protection measures have not achieved their rights and interests.Under the dual role of such internalization defects and the inability to effectively apply the rights protection measures,the rights of the administrative counterparts in the confirmation of illegal judgments cannot be effectively protected.Along with the widespread application of the confirmation of illegal judgments in the field of administrative litigation in China,it is confirmed that the protection of rights and interests faced by illegal judgments is becoming more and more serious.Based on the above reasons,to confirm the improvement of the protection of the administrative counterparts in the illegal judgment,it is necessary to start from the two aspects of avoiding the internalization defects of the illegal judgment and improving the relevant rights protection measures.Therefore,by establishing a layered applicable standard to circumvent the internalization defects in the illegal judgment,improve the specific content of the remedy measures in the illegal judgment,and explore the diversified rights protection methods in the illegal judgment,the illegal judgment can be confirmed.The problems existing in the field of administrative relative rights protection have been effectively solved.