Research On Judicial Application Of Situational Judgments In Administrative Litigation

The situational judgment is a form of judgment that does not revoke the illegal legal relationship based on the confirmation of the administrative act.In practice,the application of the judgment is a major breakthrough in the principle of administration according to the law in order to respect the fait accompli,while the protection of the rights and interests of the administrative counterpart is a little thin.In this regard,the author takes judicial cases as a perspective,and takes the protection of "public interest" and "personal interest" as a starting point to analyze the current situation of judicial application of the situation judgment,with a view to putting forward corresponding optimization suggestions.The first chapter explains the basic theory of circumstance judgments,mainly describing the meaning and development of circumstance judgments,the conditions of application and the value of existence,so as to introduce and summarise circumstance judgments in general.The second chapter provides a general overview by collecting the relevant instruments on situation judgments in recent years,and then further collates 101 typical cases as samples for analysis.This chapter analyses the characteristics of the application of circumstance judgments in China’s judicial practice,and grasps the criteria for their judicial application from two dimensions: "public interest" and "significant damage".The third chapter presents the problems in the judicial application of circumstances judgments.The problems of vague and inconsistent criteria for determining the conditions of "public interest" and "significant damage" and the lack of comprehensiveness of the elements of interest measurement are raised.The fourth chapter proposes recommendations for improving the judicial application of the judgment.By limiting the criteria for judicial review of "public interest" and the types,and by replacing mere judgement with a measure of interest in the determination of the degree of "significant harm",the judicial application system of circumstance judgement is improved.