2015Journal of Xidian UniversityRequires access

Judicial Review on Changing Administrative Act of defendant In the Administrative Proceedings

Yichen Yang

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Abstract

A prominent feature of the administrative trial field is high withdrawal rate. In many cases of withdrawal, the type of defendant changing the sued administrative action in administrative litigation and plaintiff consenting and applying for the court's permission accounts for a large proportion in the administrative litigation. This Mechanism helps to solve the administrative disputes completely. But the relevant laws and regulations of our country only have general provisions on defendant changing administrative action. Judicial review should be improved from the perspective of the objects of judicial review, different applies of review standards, procedures should be followed during court review, and the guarantee of plaintiff's right of relief, ensuring the order advancement of such cases of withdrawal and exploring effective new mechanism of solving administrative disputes.

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A prominent feature of the administrative trial field is high withdrawal rate. In many cases of withdrawal, the type of defendant changing the sued administrative action in administrative litigation and plaintiff consenting and applying for the court's permission accounts for a large proportion in the administrative litigation. This Mechanism helps to solve the administrative disputes completely. But the relevant laws and regulations of our country only have general provisions on defendant changing administrative action. Judicial review should be improved from the perspective of the objects of judicial review, different applies of review standards, procedures should be followed during court review, and the guarantee of plaintiff's right of relief, ensuring the order advancement of such cases of withdrawal and exploring effective new mechanism of solving administrative disputes.

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Available abstract

A prominent feature of the administrative trial field is high withdrawal rate. In many cases of withdrawal, the type of defendant changing the sued administrative action in administrative litigation and plaintiff consenting and applying for the court's permission accounts for a large proportion in the administrative litigation. This Mechanism helps to solve the administrative disputes completely. But the relevant laws and regulations of our country only have general provisions on defendant changing administrative action. Judicial review should be improved from the perspective of the objects of judicial review, different applies of review standards, procedures should be followed during court review, and the guarantee of plaintiff's right of relief, ensuring the order advancement of such cases of withdrawal and exploring effective new mechanism of solving administrative disputes.

Key concepts: Plaintiff, Administrative law, Law, Judicial review, Order (exchange), Action (physics), Business, Political science

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