Study On The Application Of Law In The Administrative Proceedings

The coflict of administrative laws and rules is one of the most important reasons for the troublesome in administrative proceedings . "Administrative Procedure Law" and "Legislation Law" are the application of rules of law provisions have been made, but the administrative process and administrative law enforcement or judicial process inevitably a large number of errors or experience applicable to the law applicable to the case of embarrassment.This article tries to use administrative review of the trial judge's perspective of the case, by means of the relevant research evidence and case analysis of everyone at home and abroad. the existence of legal norms of administrative proceedings and the applicable rules of conflict analysis, to choose the form of binding decisions of the Court force of law to regulate this very complex and common rules of judicial activities and ideas. Here, in particular, I would like to thank Dr. Jianya Gu, in the process of writing this article, have read her book carefully, "the administrative laws and regulations applicable rules of the conflict", and been benefit much. But with my lack of theoretical training, lack of understanding of the existing results, unable to fully grasp, so in my article , there are many systemic deficiencies, please give me some suggestions。The article is divided into five parts:Introduction description introduces the main topics of significance, the academic study of the conflict norms and the methods of this study. The first chapter of administrative litigation practice leads to a typical case of conflict of France and norms, and define the administrative trial, the concept of conflict of laws and regulations, described the trials based on types of norms, norms of conflict causes, types and performance. Chapter II from the perspective of the development of administrative law proceedings French standard conflict resolution mechanisms, the "basis" and "reference" for a dialectical analysis, the specific rules introduced host, in particular, rules, rules of the new law, behavior rules, behavior to law ,closely regulate the application and so on.,by the way,I would use case studies to support the theory. At the same time emphasis on the principles of law the superior position, the principle of legal reservation. The third chapter from the perspective of judicial practice, the administrative law proceedings in the application of rules of the review of force. Through the judicial practice of judges 'judicial review' exposition of the status quo, analysis of the case to the specifications applicable law judge review the effectiveness of power, made the people's court as the appropriate method body, most likely to find application of the law of conflicts, and most need to deal with conflict norms , the law should give the court of law norms (the following administrative regulations and legal norms) as well as the judges choose a certain power to judge truly become the defenders of law and order, the administrative judicial independence from the executive power. Part V Conclusion, from the perspective of law norms of conflict resolution on the "Administrative Procedure Law," the changes make a few suggestions.This creativity is reflected in: general introduction of the conflict in the administrative procedure law norms applicable to dismount standard method, proposed combining the judicial practice of law in the administrative trial, the application of rules in force when the review should play an appropriate role of judicial activism, not doing nothing, but not disorder doing, and make some suggestions for the "Administrative Procedure Law" modification.