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行政诉讼维持判决制度有其存在和发展的理论依据,必须正视并分析维持判决在制度建构和实践运行方面存在的缺陷。可以通过取消基层人民法院维持判决作出的权力,提高维持判决适用主体的级别;重构维持判决适用的条件,严格维持判决的适用标准;建构维持判决复核程序,增强维持判决形成过程的严肃性等举措,使行政诉讼维持判决制度更充分地发挥功效。
Administrative litigation to maintain the judgment system has its own existence and development of theoretical basis, we must face up to and analyze the maintenance of the judgments in the system construction and practice of the operation of the flaws. The people’s court at the grassroots level may abolish the power of the judgment held by the people’s court at the grassroots level to raise the level of the main body for the maintenance of the judgment; reconstruct the conditions for maintaining the application of the judgment and strictly maintain the applicable standards of the judgments; construct the procedure for maintaining the judgment review and enhance the seriousness of maintaining the judgment formation process Measures to make administrative litigation to maintain the sentence system to more fully play its effect.