Study On The Inner Conviction And Its Application To The Administrative Litigation

The study on the Inner Conviction in our country only could be found in recent years and rarely in the cases of Administrative Litigation while Inner Conviction exists everywhere in the litigation. In this paper, the existence of Inner Conviction was demonstrated by the analyses of litigation Case one. The idea of development of the modern Inner Conviction system is proposed by the observation of Inner Conviction system. Under the revelation of Case one, we argue that the first key point of the application of Inner Conviction in administrative litigation is the exploration of the rules of Inner Conviction - the standard of judgement. Three administrative litigation standards are then proposed. The second key point is that Inner Conviction must be open. The content of the open Inner Conviction is then illustrated. The obstacles and the related countermeasures are revealed by illustration of the Case two. The author tries to illustrate the own points via the study of the application of Inner Conviction in administrative litigation.