| The effect of re-litigation prohibition is a unique effect of withdrawal of administrative litigation in China, the essence of which is the loss of interests of re-litigation. Under the institutional goal of supervising administration, withdrawal is positioned as a termination of the supervision mechanism, which requires the court to conduct a high-intensity review of withdrawal and to predict the interests of re-litigation by examining the voluntariness and legality of the withdrawal. In principle, withdrawal with the court’s permission is the loss of interests of litigation, and the application of the effect of re-litigation prohibition should be recognized. With the institutional goal of administrative litigation shifting from centering on supervision to centering on substantive settlement of administrative disputes, withdrawal is transformed into a coordination and reconciliation mechanism, and courts are required to conduct low-intensity review of withdrawals. At this point, continuing to fully recognize the application of the effect of re-litigation prohibition could seriously infringe on the parties’ rights to litigation. The adjustment of the intensity of withdrawal review requires that the application of the effect of re-litigation prohibition be shifted from a principle to an exception. Courts should limit the scope of the effect of re-litigation prohibition by comprehensively considering the types, reasons and circumstances of withdrawal and other factors to determine the interests of re-litigation. |
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