Judicial Activism In The Theory Of Administrative Litigation

The imperfections of the administrative litigation system is not perfect, brought administrative proceedings reality a serious shortage of civil rights remedies. This "imperfect unsound mainly limited scope of administrative litigation, this problem has been criticized by the academic community, this article is committed to the direction of this. Differences, but other researchers think the angle I will introduced the concept of judicial activism to the discussion of this issue.This article will take advantage of the three main theoretical approaches, seeking a good way to solve the problem in a broader academic perspective.The first is the use of value analysis method is to use a value judgment to evaluate the "judicial activism" in the administrative proceedings by the judicial practice of breakthrough on this issue of the scope of the case, demonstrated "judicial activism" Improvement of administrative proceedings by the scope of the case system of major significance. The third part of the article focuses on the exposition of the theoretical basis of the administrative proceedings need judicial activism, that the use of judicial activism for the protection of the right to appeal the administrative proceedings, which restricts a public authority to make up for the vagueness of legal language the importance of.Part VI is Looking further judicial activism to improve the important role of the administrative litigation system, it is the third part echoes the writing of this article provide a starting point and final goal. The second is the comparative approach, attention to insist on the principle of functional, not only the more specific provisions, and the background of comparative laws and regulations as well as the effect of the implementation of laws and regulations. This is mainly reflected the boundaries of the fourth case in the text contrast and use administrative proceedings of the fifth part of the judicial activism and criminal law Modesty contrast. The former case comparative study showed the feasibility of judicial activism in the administrative proceedings, the latter comparative study of judicial activism to find their own boundaries in the administrative proceedings, to show that the principles of fundamental justice that adhere to the Judicial Humility. Third, the empirical analysis. As the non-case-law countries, judges in the trial of administrative litigation cases, you must comply with the Administrative Procedure Law on administrative proceedings by the provisions of the scope of the case, it is clear that the relevant provisions of our country is not perfect, it is at this stage to introduce "Judicial Activism" the mode of a cause. Then through the empirical analysis to prove the feasibility of "judicial activism" is a critical entry point of the researchers. The fourth part of the case study is an attempt to extract from the practice theory, and then again to guide the judicial practice of China’s administrative litigation.