A Study On The Effectiveness Of Administrative Normative Documents In The Field Of Justice

The application of law in the administrative litigation is the core and key of the administrative litigation, court of the people must involve in the application of law in the process of reviewing 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 litigation contain not only realistic important meaning for increasing the level of supervision over public administrative 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 litigation, firstly we must define the concept and character of the application of law in administrative litigation and scope of the administrative legal norms that are applied in the application of law in administrative litigation, at same time we must differ the application of law in administrative litigation from the application of law that administrative organ work out the specific administrative act. Secondly we must analyze the actuality and the problems existing in the application of law in administrative litigation.On the basis of this analyzing, it is certain to further research into the way to resolve the problems that exist at the application of law in administrative litigation. Firstly through the research on the status of the law, the statute and the administrative act, we can conclude:in the application of law in the administrative litigation, court of the people should go on the law, the statute and the administrative acts; and through the research on the effectiveness of the administrative normal documents, we can conclude:in the application of law in the administrative litigation, court of the people can not go on the administrative normal documents, and it should be reviewed judicially. Secondly, through the research on the legal conflict about its causes, types, present roles of solution and actual modus operand in judicial practice, we provide the methods for resolving this problem. We should settle up the mechanism of preventing legal conflicts, the mechanism of eliminating legal conflicts and the mechanism of ruling legal conflicts, and should settle up the system of limited judicial examination.To resolve the problems involved above will be beneficial to put the health development of the administrative litigation system in China. To resolve the problems involved above will be beneficial to promote the positive interaction among lawmaking, administration and judicature. To resolve the problems involved above will be beneficial to support the organism unification of the social system. TO resolve the problems involved above will be beneficial to put the policy of ruling state by law into complete practice.