Strict Application Of Administrative Normative Documents Benchmarking

The court is responsible for the correct application of the law.The methodology of the jurisprudence believes that the correct application of the law must be done in the following two aspects: First,the applicable law is correct;second,the applicable law is correct.Therefore,this article starts with the administrative normative documents applicable to the administrative adjudication,proposes the concept of “judicial application”,and combines the relevant theory and practical experience of legal application and judicial review to construct the legal application of administrative regulatory documents within the three sections of the legal application framework.Benchmarks.The judicial application standards of administrative normative documents focus on the establishment of strict and different basic judicial application standards,with a view to helping administrative practices.The judicial application standard of administrative normative documents draws lessons from the relevant experience of judicial review,and can be divided into strict,moderate and loose categories based on the discretion of judges,and judicial application of administrative normative documents is a typical legal application.Therefore,referring to the theory of syllogism applicable to law,determining the applicable basis,case facts,and legal methods are the constituent elements of the judicial application standards of administrative regulatory documents;the three types of administrative regulatory documents are based on the application basis,case facts,and legal methods.Essentials,but in the applicable basis and the facts of the case include a variety of elements that affect the discretion of the judge,the importance of these elements on the basis of application and the facts of the case,the degree of influence of the elements on the discretion of the judge,and the degree of influence The number of factors determines the difference in benchmark categories.At the same time,there are certain differences in the priority of the selection of legal methods for different administrative normative documents.The rigorous benchmark for the administrative application of administrative regulatory documents is the strictest and most restrictive of the three types of benchmarks.Therefore,it is possible to obtain the strict contents of judicial application of administrative regulatory documents by sorting out the elements that affect the discretion of judges in the two elements of application basis and case facts,and apply the most stringent requirements to them;Because the facts of the case and the legal judgments must rely on the applicable basis,the strict criteria for the judicial application of the administrative regulatory documents restricts the degree of strictness of the discretion of judges.The applicable legal methods also influence and determine the effectiveness of the strict benchmarks for the judicial application of administrative regulatory documents.This paper also analyzes the facts of the case and the types of administrative normative documents theoretically,and determines the types of cases and administrative normative document types that are suitable for the judicial application of administrative normative documents in order to strengthen the strict judicial application of administrative normative documents.Benchmark practicality.