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Wang Guisong: The Orientation of Confirmation Judgment for Administrative Litigation in China


Abstract: The confirmation judgment under the Administrative Litigation Law of the People's Republic of China is judgment of litigations regarding legal act, rather than judgment of general litigations for confirmation with regard to legal nexus. Only confirmation judgments holding factual behavior illegal and holding administrative act void are independent, whereas other confirmation judgments holding act or omission illegal are all derivatives of revocation litigations and obligation imposing litigations. Execution judgment and revocation judgment not only have the function of confirming administrative act illegal, but also offer direct and effective remedies for the administrative counterpart, so they should be prioritized. Only when execution judgment and revocation judgment can’t be made, judgment of confirming illegality can make effect. In consideration of the diversity of administrative activities, new types of judgment should be added in order to realize comprehensive and effective remedies.


Keywords: confirmation litigation; litigation regarding legal act; litigation regarding legal nexus; judgment of confirming illegality; judgment of confirming invalidity; confirmation interest


(Editor: XU Jing)

 
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