| Administrative change judgment is a type of judgment in China’s administrative litigation system.It has played a certain role in regulating administrative actions.However,with the improvement of China’s legal system and the progress of the rule of law,administrative change judgments gradually expose their problems.In theory,it was questioned by interference in administrative power,and in practice it was facing a declining application rate.The reason is that this paper believes that the current administrative change judgment system is constructed based on the perspective of power.The change judgment system with “judicial change power” as the core to balance judicial power and administrative power cannot meet the protection of current social rights.Reality needs.Therefore,the administrative change judgment should be reconstructed from the perspective of rights,so that the change judgment can better play its role of fair and reasonable settlement of administrative disputes and realize the value of protecting rights.It should be the right to build administrative changes Judgment System as a starting point,subjective action concept as a litigation purposes,to a more senior position of administrative litigation trial rights of the parties argued that the interests of the theory to appeal on the basis of administrative change decision should satisfy the change necessity and effectiveness requirements,so the decision should play an administrative change has examined administrative action to correct factual errors in functionality.Administrative change the decision of the reconstructed administrative agreement applies to the case,together with resolve civil disputes,as well as to the date,amount,payment standards and calculation results with a definite error of administrative cases.Judgment shall meet the applicable administrative change "to change the scope of an administrative decision" and the premise of "The petition for change" in.In case there is the possibility of changing the court,and after ascertaining that there is an error or administrative authority approved the plaintiff claims the case does not violate the relevant laws and regulations,applicable administrative changes before judgment.At the same time,we should perfect the supervision of cassation implement discretionary administrative act to increase the cassation attached prohibited obligations and attach cassation or lower limit of the range,while preventing abuse of discretion beyond the executive,but also to avoid the alternative court executive the exercise of professional judgment.Optimize decision type system,protection of civil rights values,change the administrative decision can be better achieved resolve administrative disputes,to role of social services development. |
