Research On Legal Issues Of Administrative Trial Standard In China

The standard of administrative trial is the core issue of administrative litigationpractice. It is the means of the people’s court perfected from the following aspects: therelationship between jurisdiction and administrative power should be sorted out, onone hand, the relationship between the two functions of the maintenance as well assupervision and restriction for administrative organ’s administration according to lawshould be handled in correct way by people’s court, on the other hand, jurisdictionshould break away from the counter restriction of administrative power. But the latedevelopment of china’s administrative litigation law, so the theoretical study is notin-depth and the law is imperfect.This situation is not competitive with the executivepower increasing expansion and complex, and with citizens’ knowledge of the law, thelegal concept gained popularity and improvement. Growing awareness of the majorityof citizens rely on the law to protect their legitimate rights and interests. Theincreasing number of administrative cases and the provisions of the administrativetrial standards are challenging us. This article through the comparative analysismethod, empirical research methods, historical analysis and other research methods,posed to propose the constructive countermeasures of suggestions and ideas forimprove and perfect our administrative trial standards.First of all, by comparative analyzing the similarities and differences between theadministrative trial standards and related concepts, Summed up the concept ofadministrative adjudication standards. Elaborate on the composition of theadministrative trial standards, and summarize the characteristics of the administrativetrial standards and value targets for the first time. At the same time, the paperelaborates the development trend of the British, the United judicial review and France,Germany, administrative adjudication standards. And extract with reference four-pointfor the administrative trial standards in China. The third part pointed out some issues,such as the trial standards of factual issues too high and single; legal issues’ trialstandards difficult to apply; the trial standards of administrative procedures is notenough refinement and the trial standards of applicable to administrative discretion islimited. The innovation of this paper is mainly concentrated in the fourth part. Firstraised the question that trial standards should adhere to the clear and convincing evidence standard principle, and establishment of the fact that multi-level standard ofproof under the principle, and trial standard should be distinguish and refinementdepending on the administrative procedures. this paper consider that legislationshould give the court power of legal interpretation and clearing the court’s legalinterpretation of the scope of rights to break the embarrassment of the court on theissue of the power of legal interpretation; Expand the applicable administrativediscretion trial standards, but not limited to administrative punishment.Through above studies, it aimed at the establishment in line with China’s actualbenefit of administrative justice system，ultimately making people interests can be arelatively effective Protection, achieve fairness and justice of law，and maintain socialharmony.