The Study On The Reasoning Of Administrative Litigation Adjudication Documents

On 12 June 2018,the Supreme Court issued the Guiding Opinion on Strengthening and Regulating the Interpretation of the Judicial Instrument(hereinafter referred to as the Guiding Opinion),which states that the adjudicative instrument should clarify the principles,interpret the jurisprudence,make clear the principles,emphasize that the court should focus on the process of the decision-making of the case and the legitimate reasons for the result of the decision,constantly enhance the thickness of the interpretation of the adjudicative document,enhance the acceptability of the judgment of the people’s court and make the judicial decision realize the organic unity of the legal effect and the social effect.While more and more attention has been paid to the interpretation of the judgment documents,it should also be noted that compared with the civil and criminal proceedings,there is less research in the field of administrative adjudication documents reasoning,some outstanding problems that are unique to administrative litigation have not been solved better,based on the principle of judicial review based on the principle of examining the legality of administrative litigation,how to interpret the law to realize the substantive settlement of administrative disputes is worthy of study.Based on the requirements of the guidance,this paper analyzes the problems existing in the current situation of the interpretation of the administrative judgment document and tries to put forward relevant suggestions for reference.The introduction mainly expounds the background,research summary,research methods,research significance and innovation of the research.The first part of the article is an overview of the basic problems of the interpretation of judicial documents,after a brief introduction to the analysis of the current situation in related fields,thus leading to the reasons for writing.The first part is the analysis of the importance of strengthening the reasoning of administrative adjudication documents.Combined with the guiding opinions,in the field of administrative trial,administrative adjudication documents not only undertake the legal function of adjudication results,but also have the function of social effect.This paper discusses the necessity and importance of reasoning.The second part is through the analysis of the current situation of the cases of administrative adjudication documents in the network of judicial documents,from the examination and judgment of the lack of evidence reasoning content,the lack of case fact determination reasoning content,the lack of legal application reasoning,logical argumentation and the lack of reason are summarized and summarized.On the basis of the principle of legitimacy in the field of administrative trial,combined with the requirements of the guiding opinions,this paper sums up the special problems in the documents of administrative adjudication.The third part is the reason that the analysis of the current situation of the administrative adjudication instrument causes the insufficient judgment of the judgment,including the client’s attention to the judgment result and the neglect of the argumentation process,the limitation of the judge in the administrative trial and the obstacles and difficulties caused by the unique attributes of the administrative litigation.The fourth part is to combine the provisions of the Guiding Opinions,on the basis of the analysis of the current administrative judgment documents on the basis of reasoning,put forward relevant suggestions for improvement.Including the early introduction of relevant judicial interpretation,strengthen the provisions on the consequences of inadequately justified laws;strengthen the Supreme People’s Court’s guiding case role;deal with the relationship between procedural rationality and reasoning of adjudication documents;reasoning should grasp the principle of pertinence;improve the mechanism of reasoning evaluation,and so on.