Standard Of Cognizance Of Fact Closure In Administrative Litigation

In this paper,the case triggers in-depth thinking,in the administrative litigation of enterprise closure cases,there is no lack of administrative subjects in order to evade the responsibility of compensation,do not make written closure decision documents,and try to cover up the essence of its closure by packaging various forms of factual administrative behavior,this is the phenomenon of factual closure.In this paper,it is concluded that the essence of the act of factual closure is the withdrawal of the enterprise’s administrative license,which is applicable to the system of administrative factual act in the theory of administrative law.The author conducts a targeted study on the effective samples obtained after screening,analyzes and summarizes the adjudication gist of the samples related to the composition of factual shutdowns,as well as the dominant judgment results and adjudication habits in terms of data.It is concluded that the closure which does not constitute direct influence,is not externalized,the closure of the counterpart voluntarily,and the closure which does not exist legally for the counterpart itself does not constitute factual closure;However,if the counterpart cooperates with the administrative subject or externalizes the behavior,resulting in substantial closure result,there is no possible result of recovery,and the closure act entrusted by other organizations constitutes act of administrative fact closure.After concretely examining the cases in practice,this paper first analyzes the status quo of such cases in the judicature from a relatively macro perspective,and points out that the reasons for the judgment in the judgment are too simple and the judgment recognition standard is chaotic.Then analyze the reason,can be attributed to the absence of legislation,and judicial practice to this problem.Finally,according to the work done in front,analysis and summary,supplemented by the theory of administrative law,to get the conclusion of the standard of identifying the fact of closing,in order to feed practice.That is,the implementation subject with authority has made the externalized behavior with direct impact,and the behavior means are generally coercive,resulting in substantive and permanent closure results.At the beginning of the proposal,the author thinks that the factual closure in administrative litigation is a static closure result,which can be analogous to the death standards of human beings,such as "brain death" and "cardiac arrest".The closure result may also have several standards.However,with the deepening of the research,the act of administrative fact shutdown not only focuses on the static shutdown results,but also looks like a dynamic chain,from the implementation subject to the nature of the behavior and then to the final substantive shutdown results,as well as the attribution of the implementation subject to assume responsibility for the shutdown results.The article has carried on the theoretical and empirical analysis on each standard combining the administrative law theory and the customary practice of judicial practice,and strives to perfect it,hoping to make a contribution to the identification of the fact closure in the future.