论行政诉讼司法建议制度宪法学与行政法学专业论文.docx

1 1 Abstract This paper aims to rational analysis and empirical study of text and practice , judicial recommendations types, on this bases the demand to active concept of justice and the rise of substantive resolving administrative disputes, explore the effectiveness of judicial suggestions practical path of administrative litigation and system boundaries The judicial litigation system，which has experienced the changes in value， function and system configuration has been paid much attention in the judicial work. But to deliver unification of legal effect and social effect, through legal advice is always the value pursuit of the core, there is no exception in the administrative litigation field. The framework of the system of judicial suggestions within administrative proceedings ，which leading to orientation of the diversification of administrative dispute solution way is to resolve an important frame of the current administrative dispute, Contributs to the supplement of the system function. With the actual impact on social life in the administrative litigation system is revealed gradually and expansion, the judicial activism on the practice of social management innovation can be fully demonstrated in. Judicial suggestions for administrative litigation under the framework of the substantive for administrative disputes utility increasing, so types of operational effectiveness of basic level needs to be sorted out., such as text bases and changes ,local practice , the fundamental reason lies in the essential difference between the the political system . Rooted in Chinas political reality , an empirical study of judicial suggestions to the administrative proceedings based on the framework, is to study the types of administrative litigation judicial suggestions, the research of judicial suggestions to administrative litigation effectiveness path, and the system boundaries. Key words: Administrative litigation；Judicial suggestions；Basic orientation；Type classification；S