An Empirical Study On The Application Of Autonomous Laws And Regulations In Administrative Litigation In National Autonomous

Autonomous regulations and special regulations are autonomous laws and regulations formulated by the people's congresses of ethnic autonomous areas within the scope of their autonomy and in accordance with the specific ethnic characteristics of ethnic autonomous areas.Autonomous laws and regulations,as the basis for the trial of administrative cases in ethnic autonomous areas,are rarely cited by judicial decisions.Through empirical statistics,this paper combines specific cases and court trial practice to explore the problems of autonomous laws and regulations in administrative litigation,and summarizes the true situation of the application of autonomous laws and regulations,and then based on the legislative,judicial and legal awareness of the three levels to analyze the reasons.Finally,from the above three levels,put forward specific countermeasures and suggestions,so as to improve the application of autonomous laws and regulations in administrative litigation.This article is divided into five chapters.The first chapter mainly introduces the basic situation of administrative cases concerning autonomous laws and regulations in ethnic autonomous areas.Including the introduction of the source and collection of sample judgment documents,the sample situation mainly includes the geographical distribution,the annual distribution of cases,the trial court and procedures,the parties,the types of administrative acts of the accused,the way of judgment and the results of judgment.Chapter two mainly introduces the application disputes and application status of autonomous laws and regulations in administrative litigation.The application dispute mainly refers to the parties' disputes over the application of autonomous laws and regulations in litigation,including the disputes over the powers of the parties to the administrative organs,the disputes over the retroactivity of autonomous laws and regulations,and the disputes arising from the lack of legal liability.The application situation includes four aspects: first,the courts invoke the provisions of autonomous laws and regulations as the basis of administrative trial;second,the courts do not make judgments according to autonomous laws and regulations in litigation;third,there are differences in the application of autonomous laws and regulations betweencourts at different levels;fourth,the courts do not regulate the application of autonomous laws and regulations.The third chapter mainly introduces the reasons why autonomous laws and regulations are not used as the basis of administrative judgment in administrative litigation and the problems revealed.Chapter IV mainly introduces the value of regional ethnic autonomy existing in the application of autonomous laws and regulations in administrative litigation.This is also the reason why autonomous laws and regulations need to be improved in the application of administrative litigation.The fifth chapter is the last chapter of this article,that is,the prospect of the application of autonomous laws and regulations in administrative litigation in ethnic autonomous areas,that is,the corresponding countermeasures for the problems found in this paper.The countermeasures for the improvement of autonomous laws and regulations include strengthening the scientificity of autonomous laws and regulations,promptly following the society to do a good job in establishing and abolishing the work,establishing a supporting legislative interpretation mechanism,and enhancing the certainty of legal provisions.From the court's point of view,the main measures to improve the level of judicial application are to improve the level of judicial application,including the court's strict review of the basis of application.The court should clarify the status and nature of autonomous laws and regulations in administrative litigation.From the perspective of improving the level of legal awareness,the main countermeasures are to strengthen legal propaganda and develop education in minority areas.