The effect of re-litigation prohibition is a unique effect of withdrawal of administrative litiga-tion in China,the essence of which is the loss of interests of re-litigation.Under the institutional goal of supervising administration,withdrawal is positioned as a termination of the supervision mechanism,which requires the court to conduct a high-intensity review of withdrawal and to predict the interests of re-litigation by examining the voluntariness and legality of the withdrawal.In principle,withdrawal with the court's permission is the loss of interests of litigation,and the application of the effect of re-litigation prohibition should be recognized.With the institutional goal of administrative litigation shifting from cen-tering on supervision to centering on substantive settlement of administrative disputes,withdrawal is transformed into a coordination and reconciliation mechanism,and courts are required to conduct low-in-tensity review of withdrawals.At this point,continuing to fully recognize the application of the effect of re-litigation prohibition could seriously infringe on the parties'rights to litigation.The adjustment of the intensity of withdrawal review requires that the application of the effect of re-litigation prohibition be shifted from a principle to an exception.Courts should limit the scope of the effect of re-litigation prohi-bition by comprehensively considering the types,reasons and circumstances of withdrawal and other fac-tors to determine the interests of re-litigation.
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