Legal Principle And It’s Application In The Administrative Trial

As the rules of the legal system of internal guidance and basic legal, principles is a comprehensive and stable principles or guidelines. Legal principles has important significance for the both creation and implementation of the law. Since the 1940 s and 1950 s, researching and debating of legal principles in theorists has never been stopped. Scholars can be difficult to reach consensus about whether the administration on legal principles applicable to the trial issue. This paper examines the origins and concept of the legal principles, and analyzes the linkages and differences between legal principles and the rule of law in detaile. On this basis, combining the cases, analyzes the necessity and possibility of legal principles applicable in the administrative trial. There has also discussed the current situation and the plight of the legal principles to the China’s administrative trial, and explores the causes of the predicament. Finally, in-depth analysis of the applicable legal principles of administrative law put forward a sound from a perspective in different opinions.This paper is divided into four parts.The first part is the study about the appliance of legal principles. First, we have removed the source of the concept of legal principles, debating on the origins of the concept in academic, and the study paths about legal principles in western countries. These have a significant effect on the understanding about the meaning of historical origins of legal principles. Secondly, as a rule guiding norms, legal principles are often in conflict with the rule of law when it has been suitabled, so that only a strict distinction between the different legal principles and the rule of law, it can be able to show the significance of introduccing the principles in the administrative trial. Third, we must clear a problem when study the legal principles applicable in the administrative trial, that the legal principles’ position in legal practice and it’s function, if it is a useless criteria, it will be pointless in administrative trial. So the status and role of the legal principles in law practice is an important element that we want to analyze.The second part, if we want to apply legal principles in administrative adjudication gradually, finding out the status and role of the legal principles in the administrative trial is extremely important. It is the basic premise of the next study. In the part, we explain the status and role of the legal principles across the necessity and possibility of principles which is applied in administrative trial. It lay the foundation for the applicable of principle in administrative trial in multiple angles in the theoretical and pratice.The third part, it is from the well-known cases of "The Sue about Tian Yong v.xn Beijing University of Science and Technology", adopting the basic theory and case analysis of a combination of methods to indicate that there’s law principle applied in China’s administrative judge, which highlight the problems and dilemmas and even from the subjective and objective aspects of a detailed analysis of the causes of difficulties arise in itself abstract legal principles and limitations, imperfections and generally low quality of judges in our judicial system are caused by the principles of administrative law judge is difficult universal application of the main reasons.The fourth part, the part before the paper analyzes the problem as a starting point, to propose specific solutions, with a correct understanding of the "judge explained," and "jurisprudence explain" role to make up for deficiencies and defects in the judicial system of the theory, and then by increasing the Judge quality, standardized legal principles applicable procedures, strict liability regime and other technical aspects of the measures is to apply the principles of administrative law judge in a new way out of the country, thus contributing to further reform and improve our administrative adjudication system.