The relationship between the claim,trial and judgment of administrative litigation is an important basic issue of administrative litigation law,which concerns the function of the whole administrative litigation and its realization,and the 2014 revision of the administrative litigation law highlighted the significance of the plaintiff's claim,which has changed the basic structure of administrative litigation to a large extent.From a functional point of view,administrative litigation in China mainly belongs to subjective litigation,and the purpose of private prosecution is to seek remedies for their own legitimate rights and interests.The court in administrative litigation is the administrative dispute adjudicator,realizing the plaintiff's right of action through the litigation system,and the court cannot be separated from the litigation system and become a supervisor of the administration.There is no trial without a claim is the basic requirement of the litigation system.Judicial review according to the plaintiff's claim and its cause of action is also the original request of the litigation system.The review of the claim can still review the legality of the administrative act,but only the review of the legality of the administrative act is not enough to respond to the plaintiff's claim of the type of payment litigation effectively.The court shall respond to the plaintiff's claim for judgment;if the existing legal provisions cannot respond to the plaintiff's claim for judgment,the court can also make the extrajudicial judgment.Adhering to the consistency of administrative litigation helps to enhance the dialogue and effectiveness of litigation,and is more in line with the inherent structure of the current administrative litigation.
NETL
NSTL
万方数据
维普
