On The Application Of Law In The Administrative Judgment

The application of law in the administrative judgment is the core and key of the administrative judgment, court of the people must involve in the application of law in the process of reviewing the specific administrative act. Researching into the application of law in the administrative judgment aim at resolve the conflict of legal norms in the administrative judgment, so that court of the people can better review the legitimacy of the specific administrative act. The research of this problem contains not only theoretical meaning but also practical meaning. The research of this problem can not only theoretically enrich the theories of the administrative law science but also practically supply the methods for the application of law in administrative judgment. At the same time the resolving of this problem to the application of law in administrative judgment contain not only realistic important meaning for increasing the level of supervision over public administration but also historical profound meaning for supporting the unification of the legal system in China and developing socialism nation by rule of law.Inquiring into the application of law in administrative judgment, firstly we must define the concept of the application of law in administrative judgment and the scope of the administrative legal norms that are applied in the application of law in administrative judgment, at same time we must differ the application of law in administrative judgment from the application of law that administrative organ work out the specific administrative act. Secondly we must analyze the problems existing in the application of law in administrative judgment, which include the conflicts of the administrative legal norms and the conflicts of the interpretation to the administrative legal norms. Court of the people is short of the corresponding rules to resolve these problems, so it has many difficulties in the application of law in administrative judgment. The problems existing in the application of law in administrative judgment include either to refer to administrative rules andhow to treat the other normal documents. Further researching into the reasons how to bring into these problems, we can recover that these reasons include not only the influence of the economic system and the political system but also the influence of the legislative power, the administrative power and judicial power. The economic system and the political system influent firstly legislation, administration and judicature, further influent the application of law in the administrative judgment. Because the different characteristics that the legislative power, the administrative power and the judicial power run, these powers bring the different influence to the application of law in the administrative judgment.On the basis of this analyzing, it is certain to further research into theway to resolve the problems that exist at the application of law inadministrative judgment. Summarizing the rules of the application of law inadministrative judgment from the angle of the administrative judgment, wecan conclude: in the application of law in the administrative judgment, courtof the people must review all administrative legal norms on which theadministrative organ work out the specific administrative act. But court of thepeople must not review the law on which the administrative organ works outthe specific administrative act. Following this rule, we must further defineand insist in one of the principles to review the legitimacy of theadministrative legal norms on which the administrative organ work out thespecific administrative act. The other principles are that reviewing thelegitimacy of the administrative legal norms on which the administrativeorgan work out the specific administrative act must be supplemental andselective. On the foundation of this, we must establish and apply the rules toresolve the conflicts of the legal norms in the application of law inadministrative judgment. These rules include not only the rules by whichcourt of the people settle on the conflicts of the administrative legal normswhose legal class is different, but also he rules by which court of the peoplesettle on the conflicts of the administrative legal norms whose legal class isequal.