The Actual Position Of Administrative Regulations In Administrative Action

In the Supreme People's Court cases, the Court 's attitude towardsadministrative regulations mainly appears three types: no direct response,check and use them as evidences, make the judgment according to them afterjudicial review. The way the Supreme People's Court checks administrativeregulations and evidences is approximately the same; administrativeregulations are also the same as legal regulations formally and essentially.Based on Pragmatism, the Court generally respects some specialadministrative regulations, professional knowledge of administrativeauthorities, the functions of administrative authorities and the national policy.The connections between an administrative regulation and its higher-levellaw are considered when the Court comments on the legality of theadministrative regulation; the Court has a larger free discretion power when itmakes the judgment not according to administrative regulations, and thereasons maybe involve the legality, the application of administrativeregulations, etc.