Research On The Application Of Administrative Power List In Administrative Litigation

With the continuous promotion of the power list system and the continuous introduction and update of the power list,the legal status and application of the administrative power list in administrative litigation should also be concerned.At present,the Supreme People's court and the local people's courts at all levels are not consistent in the nature of the legal attribute of the power list,including reasonable aspects and unreasonable aspects.The court's reasonable understanding of the power list mainly includes three aspects: first,the court does not explain the legal attribute of the power list,and its rationality lies in that the litigant's petition has nothing to do with the nature of the power list.Secondly,the court thinks that the power list has legal attribute,and its rationality mainly lies in the consideration of the relationship between the power list and the upper law.When the power list has legal attribute and is defined as normative document,it is consistent with the provisions of laws and regulations,the court quotes the power list,and in the judgment reasoning,it is legal,valid,reasonable and appropriate for the power list Sex was reviewed.Finally,the court takes the power list as evidence in its judgment.Its rationality lies in that the power list has three attributes of evidence,which can be used to judge whether the administrative authority of the administrative organ exists or whether the administrative act of the administrative organ is legal.The court's unreasonableunderstanding of the power list mainly includes two aspects: first,the court thinks that the power list has no legal attribute and only takes the power list as a way for the government to disclose information.Secondly,when the court does not define the legal attribute of the power list,it uses the words "basis" and "basis" in the judgment document to refer to the power list as the basis of the judgment reasoning.In judicial practice,the court,based on the need to confirm the authority of the administrative organ,to comply with the requirements of professional field judgment and to respond to administrative policies,reviews and applies the list of administrative power in administrative litigation to varying degrees,which reflects the role of the list of power in administrative litigation.In the reasoning part,when the court thinks that the list of administrative power is legal and effective,it mainly considers its relationship with the superior law,including three situations: the basis of the superior law,the consistency with the provisions of the superior law and the non violation of the superior law.When the court does not judge according to the list of administrative power,the reasons mainly include that the list of administrative power has nothing to do with the administrative act of litigation,violates the principle of statutory authority,and is inconsistent with the provisions of the superior law.Therefore,it is of great significance to explore the effect of administrative power list in administrative litigation,not only to supervise the implementation of government power,but also to fully protect the legitimate rights and interests of citizens.From the perspective of case study,this paper holds that the power list should be a kind of administrative normative document with special functions.The power list has the characteristics of conciseness,assistance and authority guidance.On the basis of fully considering the characteristics of the power list,the power list is characterized as normative document,which is conducive to the realization of the purpose of the power list system construction and the embodiment of the administration The requirements of the court's reasoning,etc.By studying the cases of the court's judgment,this paper holds that the court should respect the policy spirit of the Party Central Committee and the State Council,no matter whether the court reviews and applies the power list in the judgmentreasoning.In the judgment,if it finds that the update of the power list is not timely,conflicts with the provisions of the superior law or confirms that the administrative organ or its staff have not fully performed their duties through the review of the power list.The court should play the role of judicial supervision,promote the legalization,rationalization,scientization and democratization of the list of powers through judicial suggestions and other ways,turn administrative litigation into a kind of pressure and power,and promote the administrative organs and their staff to fully perform their duties.