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维持判决制度作为中国行政诉讼制度的特色,其存在具有正当性根据。理论上讲,维持判决制度承载着维护公法秩序之目的,是实现行政诉讼功能、达致行政诉讼价值的手段;维持判决制度是行政行为公定力最终得以实现的有力保障,它并不违背判诉一致之诉讼法原理,且维持判决制度所建构的正面、肯定之行政行为模式是确保行政法律关系和谐、促进社会进步与发展的方向和目标。维持判决有别于驳回诉讼请求判决之特定适用范围,在当下的社会转型时期,维持判决的制度宣示功能对中国行政诉讼制度的存在和发展完善意义重大。
Maintaining the Judgment System as the Characteristics of China’s Administrative Litigation System, Its Existence Has Legitimate Basis. In theory, maintaining the judgment system carries the purpose of maintaining the public order, which is the means to realize the function of administrative litigation and achieve the value of administrative litigation. To maintain the judgment system is the powerful guarantee that the administrative act can finally be realized, which is not contrary to the judgment Consistent with the principle of procedural law and maintain the positive and affirmative administrative action mode constructed by the judgment system is the direction and goal of ensuring the harmony of administrative law and promoting social progress and development. The maintenance of judgment is different from the specific application of the judgment of dismissal of litigation claim. In the current period of social transformation, the function of declaring the system of maintaining the judgment is of great significance to the existence and development of the system of administrative litigation in China.