| Rule of law consists in reining in the arbitrary wielding of rights, which demandsjudicial bodies not to blindly take the attitude of active judiciary and pragmatism in theformation of rule of law. The author finds that currently there seems to be a retreat oflaw in judicial thinking in judicial trial. It is because of the overuse of political rhetoric,marginalizing the legal standard as the canonical standard in judiciary process. It isawared that the edifice of law will be at the risk of collapsing if this kind of loss of legalstandard goes on of its own accord is let run its own course. Therefore this thesis aimsto propose a legal thinking in administrative trial, venturing to remodel a thinking ofrule of law in form, that is, thinking according to law, to dispel the political dominancein administrative trial, and finally to establish the judicial independence as it is. |
