论行政判决类型的优化-法律专业论文.docxVIP

II II （履行）判决、驳回原告诉讼请求判决。并结合中国实际对诉讼中通过调解、和解 实现原告撤诉的结案方式表明了态度。对那些与行政诉讼的目的与任务不相契合的、 对法律问题处理不尽彻底或重复性的判决类型，实际上采取了排除使用的态度。主 要有重做判决、变更判决、确认无效与合法判决、维持判决等。 关键词：行政判决 行政判决类型 行政诉讼 行政诉讼类型 行政法治 PAGE PAGE IV Abstract The administrative judgment is playing an important role in the administrative law and administrative litigation law science. In authors view, the true meaning of administrative judgment is a kind of expression of legal supervision to the power of administration according to fact and law, and reviewing the administrative case by the peoples court. Its main characteristic lies in reflecting the rule of law, and it is declared that the basic meaning of corresponding legal norm, being lofty and completeness, not the results of consulting and compromising. The meaning of administrative judgment is characterized by itself, not granted by man-made. From the two Legal systems outside the country, we found that the type of administrative judgment was influenced by the types of administrative proceedings, the theory about judgment effectiveness; the plaintiffs claims in addition to compliance with the principle of the function of administrative judgment in the rule of law. All of these gave us a lot of inspiration in the further optimization of the type of administrative judgment. On the basis of understanding and inspiration above, this paper begins with the existing forms of administrative judgment and using the method of empirical analysis, discusses the problems about the lack of administrative judgment of maintenance, the raising and abandoning of the administrative judgment of affirmation, and the difficulties issues in dismissing the plaintiffs claim proceedings, and has an analysis on dropped and reconciliation in proceeding that affects the classification of administrative judgment, indicates that the basic ideas and opinions to optimize the type of administrative judgment of our country. So, I believe that the way from the type of administrative proceedings to the