On Authority Of Administrative Litigation

No relief have no right. Along with completing of the socialist legal system construction, administrative litigation has become more and more significant in ensuring the interests of the people and supervising public power or state power. Authority of litigation is one of important contents in administrative litigation. Confirming the authority is a presupposition of judicial justice.Different scholars have different understanding on authority. The author considers that the authority of administrative litigation is the basis which the court in line with to trial administrative litigation and make value judgment. The authority of administrative litigation is different from sources of law and legal application, while they have relations. Differences in administrative litigation and sources of law result in differences in authority.Be established in practice, constitution is not suitable to be authority of administrative litigation. Law is the most important source of administrative law, and its status as authority is unquestioned. Regulation is seldom questioned as authority. Administrative rule and regulation is controversial whether it could act as authority of administrative litigation. The dispute is coming from the different understanding of "refer to". The author considers that regulation and administrative rule are both authorities, and they are not obligatory to application. Law, regulation, administrative rule and regulation, and normative documents can all act as authority. In addition, although informal legal origin was not involved in legislation and seldom be discussed in educational circles, it should not be ignored in improving administrative lawsuit system.Authority in administrative litigation is more complex than in civil litigation and criminal procedure. There are many problems in theory, legislation and judicial practice. Debate on the meaning and species of authority of administrative litigation are always there in theory horizon. Rules settled in law are fuzzy. Many different authorities are conflicting to each other. How to find and apply authority in administrative litigation is facing challenges. If we want to settle those problems, we should complete administrative law system, abide by the rules offered by laws on hand, complete administrative litigation system, and improve judicial level.