The Application Of Administrative Policies In Court

With the rapid development of the society, the law exsits certain backwardnessowing to its stability. Thus, the policy regarded as tools of political management,which is different from law, has played more and more important role in the society.Administrative policy of legal significance regarded as the branche of administrativeareas, has a growing impact on the litigation. The application of administrative policycan be clarified into two types, one is the application of regarding as judicial basis, theother is the application of regarding as objects of review. There is no administrativepolicy judicial review system in our country, the experiences of Western country havereference significance to our country. There are three types of the application ofadministrative policy in court, First, regarding as judicial basis; Second, regarding asobjects of review; Third, including the above two properties. Now, there is no legalbasis of application of administrative policy in the court, but lots court applied it at thetrial in practice. The lack of legal basis and the application in practice, has created theembarrassing situation. The application of China’s policy in the court has itsrationality and particularity. The design on judicial review power of regulatorydocuments in the new ‘Administrative Procedural Law Amendment (draft)’,alsoapplies to the administrative policy.To be specific, establishing the object of reviewand the rational position of judicial basis of administrative policy in administrativelitigation, and establishing case law system, is significant important to judicialfairness, executive power supervision and right relief.