Research On The Feasibility Of Judicial Application Of Administrative Practices

With more and more scholars appeal to admit the administrative practice of the sources of law, scholars began to explore the administrative practice, trying to apply the problem relates to the administrative practice of the system specification. Research on administrative practice could be carried out like a raging fire, a big reason is that the rapid development in the field of practice, and has played a positive role. Administrative practice can solve the lack of legal problems in judicial practice according to certain rules of engagement to restrain people’s behavior, and this method has got the law enforcement and law enforcement accreditation. However, only discuss the administrative practice of the sources of law, to explore the administrative practice of institutionalized path is not enough to solve the judicial application field of relevant administrative practices.At present, in our country administrative proceedings, administrative practices do exist to use trial facts. However, apply to the administrative practice in the trial is not a mess. Because there is no uniform attitude, the applicable standards and applicable procedures, different courts, the judge in the application of administrative practice of standard is inconsistent. This has resulted in administrative practice, practice in the application of chaos. The system of the administrative practice of administrative act is the law enforcement field specification. In order to improve the applicable administrative practice in the judicial practice, also need to build a more systematic system.This topic is based on the administrative practice in litigation norms applicable. The thesis is mainly divided into five parts.The first part is the theoretical research of administrative practice judicial application feasibility. Administrative practice is the main part of the judicial application of the theoretical groundwork. Firstly, it mainly discusses the formation background and the reason of administrative practice, the administrative practice of the concept, constitutive requirements and legal status carries on the theoretical definition of the administrative practice. Secondly, the author explains the selected topic. The topic of discussion is defined in the useful range. Finally, combined with the basic situation of China’s current administrative practice in practice, the author analysed the administrative practice of the judicial application value.The second part is the realistic foundation of the judicial application of administrative practice. This part analyzes the administrative practice from three angles:reflections on the basic theory of mature gradually, foreign advanced theory and practice and its judicial practice cases.The third part is the analysis of the reality of the plight and causes of the administrative practice of the judicial application. This section is based on our country’s administrative law enforcement, the judicial practice of administrative practice attitude and administrative practice exists in our country, analzing the difficulties of the administrative practice judicial application and exploring the reasons behind the use of dilemma.The fourth part is to avoid administrative practice judicial application difficulties. This is the difficulty and innovation part of this paper. The author tyr to find feasible countermeasures from the administrative practice of the judicial application of the rank, the review and the force levels in order to solve the previous "administrative practice Judicial Dilemma" problem.The fifth part is the conclusion. This part is the summary part. The author firstly reviewed the full text, secondly the insufficiency and the prospects of the full text of the prospects for reflection and analysis.