Research On Review And Application Of Administrative Purpose In Administrative Litigation

Although Administrative Litigation Law does not specify the court applies the administrative purpose to review the administrative act,but this has actually happened in the actual judgment.The administrative purpose is the goal or the result that the administrative agency wants to achieve through the administrative process,which determined by the legal norms.It has dual attributes,belonging to the legal norms when it becomes the standard and basis for the court,belonging to administrative discretion in the administrative process when it becomes the object of review in the administrative litigation.In general,the administrative purpose of legal norms can be divided into two categories: one is to safeguard the public interest;the other one is to protect legitimate rights and interests of citizens,legal persons or other organizations.In the judicial practice,the courts have begun to review and apply to the administrative purpose,and regard it as an important basis to evaluate the legality of administrative act.This article is divided into the following five parts:The first chapter is to define administrative purpose and to introduce the meaning of review and application of administrative purposes in the administrative litigation case.The administrative purpose is the goal or the result that the administrative agency wants to achieve through the administrative process,which determined by the legal norms.It has dual attributes,belonging to the legal norms when it becomes the standard and basis for the court,belonging to administrative discretion in the administrative process when it becomes the object of review in administrative litigation.The role of administrative purpose is reflected in the following two aspects: first,as an important standard and related factors of legal administrative behavior;second,as an important standard and basis for the court to review the legality of administrative acts.The judicial review of administrative purpose in administrative litigation refers to the behavior of the court to review whether the administrative purpose of the administrative subject is in compliance with the statutory administrative purpose.The application of administrative purposes in the administrative litigation refers to a series of actions such as the court regard the legal administrative purpose as normative basis of reviewing whether actual purpose is valid or not,as an important fact which the court determines the legality of administrative acts,and as an important factor to judge.The second chapter is the normative analysis of administrative purpose.The administrative purpose is based on both the constitution,laws,regulations,rules,and regulatory document.In the relevant laws and regulations,sometimes administrative purpose is concerned with some provisions,sometimes is not clearly defined,but can be identified through the relevant principles and rules.In general,the administrative purpose of legal norms can be divided into two categories: one is to safeguard the public interest;the other one is to protect legitimate rights and interests of the citizens,legal persons or other organizations.The third chapter is the path and methods of judicial review of administrative purposes,and problems where existed in the administrative litigation.The methods of judicial review of administrative purposes include applying the administrative agency the duty to explain the reason,accessing to administrative records,allocating the burden of proof.The path of the review includes identificating administrative purposes of legal norms,comparing if the administrative behavior is consistent with the requirements of the relevant laws and regulations,and whether there is an improper pursuit,analyzing the effect of the administrative agency on the implementation of the act.At present,there are a lot of problems in the process of reviewing administrative purpose in our country,such as the court has not yet to find an effective method of review,the path of administrative review is not standardized,lacking of comprehensive consideration of administrative purposes,the court does not respond to the party’s claim for administrative purposes,the court’s erroneous interpretation of the legislative purpose.The fourth chapter discusses the application of administrative purpose in judicial review and the problems existed in the application of administrative purpose.For the application of administrative purposes,the judicial practice has three kinds of situations,the first is the court regard the legal administrative purpose as normative basis of reviewing whether actual purpose is valid or not,the second is whether the actual purpose is legitimate or not is an important fact which the court determines the legality of administrative acts,the third is whether the actual administrative purpose is legal or appropriate is an important factor to judge.In practice,there are still many problems in the judicial application of administrative purposes,such as lacking of judicial review standards for administrative purposes,simplification of the administrative purpose.The fifth chapter puts forward the suggestions on perfecting review and application of administrative purpose in the administrative litigation.In legislation,further clarify the administrative purpose in the legislation,and put the administrative purpose as one of the judicial review standards of the legality of administrative action;In administration,the administrative purpose is an important standard for making the administrative act and formulating the normative documents under the laws,regulations and rules;In judicial practice,the supreme court put forward the judicial interpretation and the guiding case to specific and interpret the review and application of the administrative purpose.