Administrative Trial Norms Conflict And Resolution Mechanism In China

This the first meeting with the theme of “administration according law” in the 18 fourth plenary session of the Party, one of the important content of this meeting is to promote judicial independence, promote the development and progress of the judicial system. Judicial justice is a final barrier, protect the rights of the public and ensure the important guarantee of the rule of law carries on smoothly. One of the most important requirement to guarantee judicial justice is that judge the standard unified and coordinated. Trial standard of unity and coordination, help ensure fairness and justice in a court trial. Especially in the critical period of service oriented government construction in China, administrative trial standard of unity and coordination for the integration, the relationship between government and citizen, reasonable standard administrative behavior, effectively protect the administrative relative person’s legitimate rights and interests has the vital significance. While the existence of administrative trial norms conflict will break the officer rapport, damage the authority of the constitution and laws, the disruption of the state legal system’s unification, serious violations of the judicial justice, unable to effectively supervise administrative organs in accordance with the law administration, infringement of the legitimate rights and interests of administrative relative person, lose faith in the government, the public lose faith in justice, and, in turn, affects our country advance of constructing socialist country under the rule of law.China’s unique political, economic, cultural, historical, ethnic and regional characteristics determine the multi-level Legislative system in our country legislation system. Under this kind of legislative system, due to the diversity of China’s legislative body and vagueness of the legislative authority, led to state their method, split asunder situation, causing all sorts of laws, regulations, rules and other regulations in content repetition, clashes and conflicts to each other. Conflicts mainly include vertical administrative legal norms and the horizontal conflict of administrative legal norms. Specific mainly embodied in the laws and administrative regulations, local laws, regulations, autonomous regulations and separate regulations as well as the special administrative region and regulations such as the conflict between each other.Based on our country’s administrative legal system under the present situation of the legislation, in politics, economy and so on various aspects of Chinese society under the background of rapid development, and points out that the administrative trial norms conflict is inevitable and widespread, and to define the concept and characteristics, from the vertical and horizontal, international and interregional conflict of administrative legal norms in the view of four specific types were analyzed, and the system root from three aspects, regional factors and economic sources to explore the causes of its administrative trial norms conflict, analyzes on the problems resulting from conflict, from prevention mechanism, and tries to solve the rules and give full play to the judge’s judicial activism, etc, put forward a solution to the administrative trial the practical and feasible method for standardizing the conflict.