The Dilemma And Outlet Of Applying Administrative Convention In Judicial Practice

From the 118 practice of trial can be seen,at present,the focus of discussions on administrative convention should no longer be the source and status of administrative law,and should be in the absence of statute law guidance,the judiciary how to deal with the administrative cases involving administrative convention,to get rid of the administrative organs and the system of the parties cubits,and the formation of effective mechanism of judges.In practice,it had become Frequently seen that the cases where the court has supported the behavior of administrative organs through the application of administrative convention.This article defines the administrative convention and the applicable legal level based on the criteria of citizen's interest and historical reasons,to determine the standards of administrative convention recognized by the courts in accordance with the standards of "national standards" and "Local standards",the court shall be in accordance with the medium review standards to review administrative convention,get rid of the traditionally related behavior of the administrative organs blindly the habit of "respect",and really play a court trial function independently,individual justice,guiding the public correctly understand the administrative practice.This paper is divided into four parts:The first part is introduction.Its main content is to explain the reasons for selecting the topic and to introduce the research status of administrative convention at domestic and foreign.The second part is the definition of the administrative convention and the analysis of its application situation.It is an analysis of the conceptual definition of administrative convention and situation through cases.The third part is according to the situations,it analyzes the reasons why administrative convention is in trouble in judicial practice.First,the defendant abused administrative convention,and the phenomenon the evasion of law is serious;Secondly,the function of judicial confirmation of the court is missing,and the administrative convention of which levelof government is not recognized;Thirdly,The principle of judicial review of administrative convention has not been clarified and lack of effective supervision over the administrative organs.Finally,the application effect is not obvious,it is difficult to achieve the case fairness and achieve the social effect.The fourth part is the perfect measure to the administrative practice.In view of the problems existing in the application of administrative practice,the article puts forward the situation of independent application of administrative practice,stipulates judicial confirmation rules,improves judicial review standard,and pays attention to the application effect of administrative practice.