Application Dilemma and Relief of the Theory of First Administrative Judgment Power:Taking Administrative Judgment of Pecuniary Payment as a Perspective
Based on the empirical analysis of 150 sample judgments,it is found that the scope of ap-plication of the theory of first administrative judgment power in administrative cases of pecuniary pay-ment is gradually expanding and the types of administrative action involved are refined and diversified,but due to lack of normative guidelines and the shift of the center of gravity of the judicial review in the administrative litigation,the judgments are not adequately reasoned,and the rate of appeals and complaints is high,while the rate of serving the judgments is low.In addition,the misinterpretation of the theory of the right to make the first administrative judgment and the mechanical application of the principle of lawfulness review make the procedure empty and other problems prominent.In order to al-leviate the above dilemmas,the gap between theory and practice should be bridged through the estab-lishment of a library of typical cases,and the theoretical value of the right of the first administrative judgment should be revised and transformed locally in accordance with the legislative purpose of admin-istrative litigation and the concept of substantively resolving administrative disputes,with the norms of application being constructed in a manner that is oriented towards the administration of active justice.
the power of first administrative judgmentclaim for pecuniary paymentadministrative judgmentsubstantive resolution of administrative disputes
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