The Function Of “The Plan For National Economic And Social Development” In Judicial Adjudication

“The plan for national economic and social development”, which serves as the governmental guidance to the economic and social development, is playing a significant role not only in national economy, but also in judicial adjudication due to its function. According to the study on the legal precedents selected from pkulaw's judicial database, under the different nature of law, it is found that “The plan for national economic and social development” as the basis for disposable income of urban residents. More importantly, that whether it has been listed in “The plan for national economic and social development” not only constitutes the legal basis for administrative charge, but also becomes the criteria for “public interest”, which is quite prominent in administrative charge precedents. The proceeding functions of “The plan for national economic and social development” are expressed in burden of proof, court determination, judgment reasoning. Of course, the function relies on the court review its legitimacy, facticity and relevance or legal subsumtion.