Review Of The Legality Of Judicial Interpretations Of Administrative Litigation

Judicial interpretation of administrative litigation is an important part of China's legal system,and it is also an issue that should be taken seriously in legal studies.Especially in recent years,there have been more and more administrative litigation cases in China.Cases require the Supreme Court to issue judicial interpretations to resolve difficult issues of applicable law.In recent years,the judicial interpretation work of the Supreme Court has been in full swing,and the problems have gradually become prominent.Compared with criminal and civil litigation,the development of administrative litigation is relatively slow.Academic circles have some doubts about the judicial interpretation that has come into effect,mainly because of the legality review of judicial interpretation of administrative litigation.The first part of this article is mainly to describe the issue of the legality review of the judicial interpretation of existing administrative litigation.It mainly includes three sections.The first section analyzes the situation in which administrative guidance and traffic accident liability determination are excluded from the scope of the case,and raises the issue of judicial interpretation of administrative litigation and the spiritual conflict of legislation;the second section mainly describes the judicial interpretation and superiority of administrative litigation The issue of conflict of laws mainly includes three cases of violation of the administrative jurisdiction's provisions on level jurisdiction,expansion of the scope of judicial review,and violation of the rules of evidence of the first evidence collection and ruling;section III,the local court in the Supreme Court and the "Law on Laws" The "judicial interpretation" is still issued under strict prohibition,because its subject is not qualified,which affects its legal effect.The second part mainly analyzes the serious consequences caused by the above-mentioned illegal judicial interpretations,such as affecting citizens' right to sue,expanding judicial immunity of administrative organs,damaging the credibility of the judiciary,and not conducive to the unification of the legal system.The third part mainly analyzes the reasons for the dilemma of the legal interpretation of the judicial interpretation of current administrative litigation.It mainly includes six sections.The first section mainly analyzes the negative impact of the lag of legislation;the second section describes the lack of legislative interpretation as an important factor leading to the large-scale introduction of judicial interpretation;the third section mainly focuses on the loopholes in the judicial interpretation filing review system and does not fully monitor the Section IV: Imperfect judicial interpretation formulation procedures;Section V: Analysis of the imperfections in the system for judicial interpretation of administrative litigation;Section VI: Analysis of theoretical and practical aspects of judicial interpretation documents issued by local courts the reason.The fourth part puts forward some suggestions for improving the legality review of judicial interpretation of administrative litigation,which is mainly divided into six sections.The first section exerts the supervisory role of legislative interpretation;the second section strengthens the filing review of judicial interpretation of administrative litigation;the third section further strengthens the judicial interpretation formulation process;the fourth section improves the system for clearing up judicial interpretation;the fifth section,Regulate the judicial interpretative documents issued by the local courts;Section VI,the post-event correction system is used to solve the legality of judicial interpretation.