On The Mutual Relationship Between Administrative Trial Power And Administrative Power In China

The mutual relationship between administrative trial power and administrative power is an important theoretical issue with great realistic meaning. The two kinds of power are independent respectively and closely related each other. From the aspect of power, administrative trial power is a kind of judicial power while administrative power is a kind of state one. Generally speaking, administrative trial aims to resolve the dispute between the administrative organ and its plaintiff in the form of lawsuits, while embodies the supervision and restriction of judicial power on administrative power. However, these two kinds of power is not contradictory. On the contrary, it is conducive to promote administrative legislation and execution, supervise administrative power, protect all legal interests of the plaintiff and build up harmonious society if we construct the malign mutual relationship between the two kings of power.This article compares the concepts of the two kinds of power and their main features, analyses their mutual relationships and principles that should abide to, explains three malice phenomena, existed in the procedure of administrative trial power and administrative power. Then, the author expounds the cause of that form the aspect of history, culture, contemporary judicial system and the defects of administrative procedural system. On the basis of the above analysis, the author points out its harm and puts forward the necessity of constructing the malign mutual relationship between the two kinds of power. Meanwhile, the author reflects upon the way to construct mutual relationship and pits forward some constructive plans.The treatise is divided into the following three parts:In the first part, the author explains the general principles of administrative trial power and administrative power. At the same time, the author studies the principles that one should abide to.In the second part, the author analyses the existing issue and reason in the mutual procedure of the two kinds of power. At present, there exist three malice phenomena that are mutual filtrate, mutual evasion and mutual invasion, the author, after deeply analyzing our country's history, cultural tradition, contemporary judicial system's malady and the defects of administrative procedural system, rationally criticizes the malice mutual phenomena in the execution of administrative trial power and administrative power.