The Way To Identify The Authority Of The Administrative Agency In The Chinese Judicial Practice

The administrative agency should operate in its authority limitation, which is onof the basic requirements of the Administration According to the Law. So to identify the authority of the administrative agency is the important part in the administrative litigation. But the disadvantages in the administrative organization legislation make ivery difficult to reach its goal. Most scholars'opinion is that we need the perfection the administrative organization legislation to solve the problems. But some other scholars think there should be one more flexible method. Sadly, the discussion of thescholars doesn't provide a clear way to solve the problem.To settle the difficulty in the judicial practice, the Supreme People's Court givessome directions through the cases in the bulletins of Supreme People's Court. The methods in these cases formed in the administrative litigation and got the common acknowledgment, including judging directly, by the statutes, by the administrative rules and by the judge's creation. But at the same time, these cases shows that the judges haven't formed an uniform and fully-formed way to identify the authority of the administrative agency and can't avoid the questioning of the law basis. What's more, the narrow scope of the judicial review and the confusion of proving liability also reflect in these cases. All of these problems have hindered the improvement of the judicial practice seriously.However, the solving of these problems can't be reached by the court merely. First it needs the perfection of the central and local administrative organization legislation circling the administrative authority problem with the regard of the new development in the administrative actions. Second, the administrative agencies should work hard to identify their own authority and publish the information to the public. At last the scholars'work is necessary too. With the basic work, the court should clarify the aims of administrative litigation to supervise the administrative agencies and protect the people's benefits. And more, the court should review the authority problems with full range and restrict the administrative agencies'liabilities of proving their authorities. At the same time, the court should make sure the functions of all kinds of the regulatory documents in the determining procedure further. With the blurs and lacunae of the lawmaking, we can hope the court will play a more active and reasonable role in the judicial procedural.