The Boundary and Regulation of"Ex Officioism"in Administrative Litigation
The boundary of administrative litigation ex officioism is an important thesis of great theoretical research and practical value,not only is the effectiveness of our administrative trials at stake,but it is also an important criterion for measuring the process of the rule of law and the level of administrative trials in the country.It directly affects the function of administrative litigation as well as the realization of purpose of the legislation.Defining the boundaries of ex officioism in administra-tive litigation,need to analyze the jurisprudential logic of the boundaries of the right to review admin-istrative filings,fact-finding and adjudicative powers,and as a theoretical guide,it proposes a path to regulate the boundaries of administrative litigation ex officioism.From the perspective of improving the administrative litigation system and enhancing the effectiveness of administrative trials,it is nec-essary to build a case review mechanism that combines formal and substantive review,clarifying the boundaries of the people's courts'access to evidence ex officio,and explicitly regulate the bounda-ries of the application of the system of extrajudicial adjudication by the people's courts ex officioism for the redoing of administrative acts,remedial measures,and the alteration of administrative acts.
ex officioismadministrative disputerights remedyoversight of administration