Research On Judicial Advice System For Administrative Litigation

In recent years,based on maintaining social stability,and break the plight of the administrative litigation,administrative litigation system of judicial proposal the extremely has the Chinese characteristic has been widely used,the people's court at all levels in many administrative dispute resolve of substance to achieve the "fixed point",to urge the administrative authority of administration according to law,at the same time also become an important way to participate in social management innovation of the people's court,Effectively combining the judicatory dispute resolution with the rule of governance shows the social effect brought by the judicatory power application.But such a play an important role in the judicial practice of the local system,insufficient in theory research level is bigger,also showed the problems in practice,in order to be able to continue to make the system stable and good operation,the theory and practice in the short board must be properly solved,can develop theory to guide practice,and then empirical correction theory study with practice.This paper first introduces the concept,characteristics and forming reasons of administrative litigation judicial advice and other basic issues.Based on whether there are clear legal provisions,the administrative litigation judicial suggestions are divided into two categories: "legal administrative litigation judicial suggestions" and "derivative administrative litigation judicial suggestions",and further refined under the two categories.Then it explains the legitimacy of administrative litigation judicial suggestions.The legitimacy of legal administrative litigation judicial suggestions focuses on the category of judicial power,while the derivative administrative litigation judicial suggestions focus on the legality.The legal effect of administrative litigation judicial suggestions should also be investigated separately according to the results of the typed research.The legal effect of legal administrative litigation judicial suggestions is different from that of the derivative administrative litigation judicial suggestions,but neither of them has the force of enforcement.Finally,it reveals the disadvantages of the administrative litigation judicial advice system exposed in judicial practice,and puts forward some specific opinions,such as "perfecting legislation","establishing a comprehensive disclosure mechanism of judicial advice documents" and "establishing a summary judicial procedure mechanism within the people's court",in order to realize the long-term benign operation of the administrative litigation judicial advice system.