The Role Of The Power List In Administrative Trials

In the case of Hengda Enamel Factory v.Changqing Environmental Protection Bureau Administrative Punishment,the submission of the power list to the court resulted in the second instance changing the judgment of the first instance.This case triggered the author’s thinking on the role of the power list in the administrative trial.At the current theoretical level,the list of powers is interpreted as several different positions such as government information,regulatory documents,and self-made normative documents.Different positions have different effects on judicial trials.The government information said that only the external form of the list of powers was seen,ignoring its essence,and it was impossible to explain the necessity of the court to review its contents;normative documents said that the understanding of the validity features of the power list was too broad and made it easy for the executive Institutions have misunderstood the subject of effectiveness.Such a position may lead to excessive review by the court of the list of powers;the positioning of self-made normative documents is a further refinement of the understanding of the list of powers as a normative document,which helps to guide the judicial review.Appropriate application of the list of powers: While reviewing the legitimacy of the contents of the power list,the court should also respect the self-restraint behavior of the administrative agencies and avoid judicial interference in administrative self-control.