Research On The Administrative Trial Political Phenomenon In China

From the point law of view, China's administrative system which is the formal establishment of the trial should be started in 1990, for "Administrative Procedure Law," was entried into force of the formal implementation. Since then so far, it has gone through ups and downs in the course last two decades. Full of thorns in the road of the rule of law, the administrative trial is growing step by step, and has achieved great success now. At the same time, in the process of trial practice there have been a number of phenomena, such as width changes in the scope of protection the right to appeal the trial process repeatedly, and even virtual home, based on the inconsistent referee, etc. From the perspective of the rule of law, their existence does not meet the requirements of the development of the law or inconsistent with the requirements of the rule of law. For this reason, it triggered a passion jurisprudence concern and extensive discussion. Generally, from the point of view of the rule of law, they are illegal and unreasonable, and then proposed solutions to problems is to re-enact or amend laws to regulate. A general term, it can be said that it is a legislative-style research methods, to pass legislation to change the way the phenomenon of illegal and problems. In fact, from the empirical point of view, this approach is not reasonable, the standard analysis of the development of law or rule of law in the Western mode of the mature, to amend our laws or the enactment of new legislation, legal practice and thus ignored the effectiveness of the process, and the legal development of the objective situation has led to research out of step with reality, the gap between the two drifting further and further away......In fact, we should be objectively comprehensive and analysis these inconsistent with trial phenomena which is resulted of the practice legislation. "All reality is reasonable". I believe that the rule of law in our country, these phenomena are the inevitable outcome of the development process, the rule of the transitional period in the development of the unique phenomenon - the phenomenon of the politicization of the administrative trial. In this paper, the process of administrative adjudication in accordance with three separate large sum, analysis, summing up the trial process of the concrete political phenomena.The first part, in the right of appeal to protect the performance , there are the courts of the phenomenon of the initiative "the source of development", inadmissible case, not on file, and do not produce legal procedures, width changes in the scope of accepting cases, etc.The second part, in the course of a hearing, there are asking to hear the way the study type, a large number of out of court hearings, the proceedings of the repeated, compromise the appearance of the accused, and so on.The third part, in the judgment link, there are decision based on the reality of the evolution, decision to choose the way of specific, coordination of case, etc.Finally, the conclusion of these administrative adjudication processes of the political phenomenon of an overall evaluation. Pointed out that, the practice of these trials of the phenomenon of political advantages and disadvantages of trial for our activities to provide a theoretical and analytical insight for the future activities of a hearing to explore thinking. I hope that the theme of this article made us have a more objective understanding of trialing on the administrative and political phenomenon , and further reflect on these phenomena for our administrative adjudication of the rule of law reform and the development of the Chinese to do something useful with China's national conditions and the Theory of mentally prepared.