The Research Of The Norms Of Private Law Application In Administrative Litigation

Non-compulsory administrative actions,such as administrative guidance and administrative contracts,are becoming an important means of government governance.The consequent application of private law norms in the field of administrative litigation has become increasingly common.In the scope of application,the principles of private law such as the principle of good faith,the principle of equality,and the principle of freedom of contract all have direct application in administrative litigation.There is no realistic sample of private law if it is not due to a management system or a system of good faith acquisition.Technical regulations such as the relevant provisions of the legal subjects,the general provisions of the articles,and the application of norms such as tort compensation methods and standards are common in administrative cases.However,the application of these private law norms does not reflect the uniform application standards.There is no consensus on the theory of private law application.The boundaries of the application of private law norms in administrative litigation should be clearly defined.First,applicable private law norms should have the universally applicable nature.Second,the premise of application should be that there is a gap in the application of administrative laws and regulations.Third,the scope of application should not be applicable to power.Sexual administrative legal relations.Fourth,the application of the results can not violate the value of administrative litigation pursuit.On this basis,the judge's application of private law norms should also follow the principle of priority use of supplementary principles and administrative legal norms.Finally,on the construction of the system,on the one hand,it advocates the protection of the uniformity of the application of the law and the induction of the application of the standards of private law;on the other hand,it should focus on improving the level of personal practice of judges,and enhance the accuracy and rationality of the application of private law;and finally improve the law.Applicable to the supervision and evaluation system,supervise and encourage judges to exercise their discretion in accordance with the law,and achieve the unification of legal effects,political effects and social effects.