The Breakthrough In The Scope Of Accepting Cases By The Administrative Procedure Cases In 《Gazette Of The Supreme People's Court》

Along with the Supreme People's Court establishing and consummating case-guiding system and valuing cases'instruction in judicial practice, the instruction of cases in also emerges. However, when functions typically and authoritatively, its administrative procedure cases don't accord with the existing laws, namely They break through the scope of accepting cases of administrative procedure.As , and promulgate, the scope of administrative accepting cases varies. The"breakthrough"cases and legal significance are analyzed in this article on the path of promulgation of these documents.Before the promulgation of , the cases in exist such actualities that the cases violate the principle that the law decides the scope of judicial review and the administrative power isn't separated from the jurisdiction. The rule is that the named criminal but actually administrative procedure cases should be brought into the scope of administrative accepting cases according with its nature. The"breakthrough"cases help formulating and judicial interpretations afterwards.The period of promulgates is the peak time of the appearance of "breakthrough" cases. People's court brings the acts of the universities and the state-owned enterprises authorized by the laws into the scope of administrative accepting cases, at angles of the essence and lawsuit goal, besides the named criminal but actually administrative procedure cases, The"breakthrough"cases bring the negative acts into the litigable acts, bring the educational right into the protective rights as well as bring in rejecting the degrees and diplomas. The verdicts of cases appear new features, such as reviewing the qualifications of the defendants, strictly explaining the meaning of unfulfilling the statutory duty acts.These"breakthrough"cases are calling the laws of comprehensively reviewing the litigable acts and protecting the parties'rights, at the same time, they are instructing the judicial practices of the people's courts.After promulgates, the scope of litigable acts and protective rights maximizes historically. The courts review the cases that aren't regulated by the law from the legislation original intention, and add the private schools to the agents that reject the degrees and diplomas. Meanwhile, the courts develop new trail rules and standard, which discriminate and analyze the cases deeply and bring them into the scope of accepting cases as far as possible.Finally, as the case-guiding system is affirmed, the cases in and other cases that are instructing should be consummated, and make them instruct the judicial practice perfectly under the law.