On The Reasonable Aid Of The Constitution In Administrative Lawsuit Judgment

Both the Constitution and the Administrative Law belong to the category of public law.In theory,the use of the Constitution in administrative lawsuits has certain advantages.In practice,it is not uncommon for courts to invoke constitutional adjudication administrative lawsuits.Therefore,It is of great theoretical and practical significance to discuss the rational application of the Constitution in administrative litigation.The life of the Constitution lies in its implementation,In the administrative litigation judgment,the constitution is reasonably invoked for reasoning.It can fill the legislative gap,avoid value conflicts,enhance the persuasiveness of the referee's results,and let the parties clarify their rights and obligations and fully protect the legitimate rights and interests of the parties.However,through a sample analysis of the administrative judgment of the court in applying the Constitution,it is found that there are many problems in the court's application of the constitution in the administrative litigation.The court's attitude towards the use of the constitution is arbitrary,and the preconditions and rules of the constitutional invocation are not uniform.The method is rather confusing,and there are violations of laws and regulations in the process of constitutional aid,which exceeds the jurisdiction of the court and affects judicial authority.Therefore,in the administrative litigation judgment,the constitution should be reasonably invoked on the premise of not violating the existing institutional framework,and a unified constitutional aid standard should be established to prevent abuse of the constitution.Through the court's "constitutional interpretation of the law" to invoke the Constitution as the basis for the administrative judgment,to achieve the unity of the intrinsic value and spirit of the Constitution and the law.At the same time,it is necessary to give full play to the supervision and guidance of the Supreme People s Court and the Standing Committee of the National People's Congress to avoid unnecessary use of theConstitution by courts at all levels and to correct the wrong constitutional aggression.