| Modify of judgment is one of the important forms of judgment in administrative litigation in China,and it is also an important means for judicial organs to supervise the administration of administrative organs according to law.China’s Administrative Litigation Law is still unsatisfactory in the specific system design,for example,it is not perfect.In judicial practice,there are also some problems,such as narrow application scope and low application rate of modify judgment,and judicial trial is influenced by administrative power,which can not play its due value.After the revision of the Administrative Litigation Law,the relevant legislation has been improved,the scope of application of the modify judgment in administrative litigation has been expanded,and the principle of prohibiting adverse modifys has been added,which has solved the existing problems to a certain extent,and has great progressive significance in safeguarding the legitimate rights and interests of the administrative counterpart and improving the litigation efficiency.Modify judgment is a legal judgment method of administrative procedure law based on the judgment type system.The conditions for making modify judgment,the scope of application,the degree of clarity of judgment,etc.have not been clearly defined in China’s administrative litigation system.While the number of administrative cases is increasing,the modify of judgment itself has been left out in the judicial trial activities,and its application ratio is consistently low in the total number of judgments.Today,with the gradual expansion of the concept of serving administration,administrative litigation can no longer be satisfied with examining the legitimacy of administrative actions,and the rationality examination of administrative actions has gradually become a "normal state".Specific to the types of judgments,revocation of judgments,as the main way for people’s courts to apply administrative jurisdiction,plays an important role in the way of administrative litigation adjudication.However,in judicial trials,the application rate of changing judgments is very low year on year.The gap between the "more" of revocation judgment and the "less" of modify judgment is becoming more and more obvious,which will have a negative impact on the relief function of modify judgment for a long time.While affirming the progress of the revised Administrative Litigation Law,combining with the judicial practice of our country,it is necessary to objectively analyze and grasp the provisions of the new law,analyze the existing problems and the causes of the problems,and put forward targeted countermeasures to solve the problems. |
