The Study On Principle Of The Application Of Law In Administrative Litigation

The principle of administrative litigation applies to the principle that the people's court chooses and applies laws in administrative litigation,standardizes legal interpretation,coordinates legal conflicts and integrates administrative trial thinking.The value of the principle of administrative litigation is that it can deal with the complicated application of administrative litigation law,apply the applicable needs of different attribute administrative legal norms,temper and form administrative thinking.In the current administrative litigation applicable to the existence of the application of the standard is not uniform,judicial discretion to exercise the lack of benchmarks,the application of the lack of rules,the application of legal judges lack of legal skills.In order to improve the current level of administrative litigation law,it is necessary to apply from the law to the application of laws and regulations.The author discusses the application of the legal application of administrative litigation in order to provide practical guidance to the administrative judge at the level of concept and criterion.The legal principle of the legal application of administrative litigation is:the principle of public interest principle,that is,in the public interest and individual interests in dispute,should maintain the integrity and development of public interest;the principle of interest measurement,that is necessary in the statutory measure,Or in the event of legal gaps and legal conflicts,the interests of the parties in the case should be balanced and compared,according to the interests of the maximization of the target selection and application of the law.Judicial restraint principle,that is,the process of legal interpretation,should maintain the necessary legislative and administrative organs of respect and restraint.Litigation economic principles,that is,in the application of the law should be as much as possible to spend less manpower,resources and time litigation costs,to achieve the maximum and most efficient litigation benefits;comprehensive review of the principle,that is,in administrative proceedings,legal action should be legitimate Sexual and rationality,administrative entities and administrative procedures.By using the principles of administrative litigation law to guide the practice of administrative trial,we can strengthen the understanding of the principle of public interest priority in the system of compensation for housing expropriation,and try to measure the interests in the cases where the property right certificate is revoked to affect the mortgage.In the trial of administrative cases,the principle of judicial restraint is carried out,the trial mode of administrative action is set up,and the review of illegal operation cases is reflected in the principle of comprehensive examination.