On The Law Appliclation Problem Of Administrtive Procedure

The law application problem of administrative procedure is the action that the people's court concretely applies legal rules to make the judgment during the course of tring the administrative cases and investigating the legality of the concretely administrative action.The substance that the law application of the administrative procedure exists the problem is a problem how to determine the appropriate basis. Currently, the law application problem of administrative procedure mainly gives expression to the two aspects. On the one hand it is the status problem of all the administrative standards in the application, including the administrative laws and regulations , rules and other normative documents ; on the other ,It is a problem that how to solve the law conflicts, including the law conflicts of the parallel rank and the longitudinal rank.The means is exceedingly incorrect that the legislation in force determines the rules for the law application of the people's court by the law articles.It doesn't resolve not only the problem that how the law application problem of administrative procedure does determine the the appropriate basis , but also further lead to the theoretical confusion and the practical puzzle,then radically violate the essential law that the law application of administrative procedure is the applicative investigation. To bring about the cause that the law application of the administrative procedure exists the problem is mainly the fragmentary investigation right of the laws and regulations of the the people's court, the defect of the mainstream law origins theory and the complicated relation not to correctly deal with the legislation, the administrativon and the administration of justice.In view of the above-mentioned reasons and to integrate our chinese reality, structuring our Chinese integrative system of the laws and regulations application of administrative procedure and to a certain degree recovering the investigation right of the laws and regulations of the people's court is not only to comply with the essential law's the needs of the law application of administrative procedure, but also currently the ideal settling way of the law application problem of administrative procedure. Probing into the settling way of the law application problem of administrative procedure has the major theoretical and practical meaning on the radical resolve of the law application problem of administrative procedure and increasing the legal supervisory and law enforcement level of the administration from the angle of the laws and regulations investigation.This can not only highlight the investigation right's position of the laws and regulations on the law application of administrative lawsuit [procedure], correct the influence of traditional law origins theory's defect on the law application of administrative procedure, but also practically supply the people's court in establishing the foundation of the law application with the right way.