The Judicial Application Of The Principle Of The First Judgment Of Administrative Power In China

In recent years,there have been a large number of cases where courts applied the principle of first-time administrative judgment in judicial practice.However,there are few theoretical studies on the principle of first-time administrative judgment in China.Judging from the specific application of the principle of administrative first judgment in practice,China’s principle of administrative first judgment is inextricably linked to Japan’s theory of administrative first judgment,the principle of first jurisdiction in the United States and the principle of maturity of cases.The origin of the principle of the first judgment of administrative power is helpful for a clearer understanding of the connotation and extension of the principle of the first judgment of administrative power in China.At the same time,due to the vacancy in theoretical research,and the relevant legislation is still not clear,at the same time that the principle of first-time administrative power of administration has been widely applied,it is inevitable that there will be confusion in application.For example,does the application of the first-time administrative power principle have a legitimate basis in my country? Under what conditions are met and in what types of cases is it applicable? This article clarifies the hidden principles and connotations behind the relevant mature theoretical systems abroad,and combines the cases in China ’ s practice to specifically analyze the application conditions of the first-time administrative judgment principle,further define its scope of application,and realize the localization of foreign mature experience theory.It provides reference and reference for the emerging theory of applying the principle of first judgment of administration in judicial practice in China.Apart from the introduction,the full text is composed of five parts.The introduction part mainly introduces the origin of the topic selection,the current research situation of the principle of the first judgment of the administration,the innovation of the research and the significance of the research.The first part clarifies the origin of the principle of the first judgment of administrative power from the emergence of the principle of the first judgment of administrative power and the evolution process.The evolution process is divided into two aspects: foreign and domestic.In the second part,the theoretical basis,practical basis and applicable value of the application of the principle of administrative first judgment in my country are demonstrated to illustrate the necessary basis for its application.The third part,through sorting and analyzing the collected more than 300 cases related to the principle of first-time administrative judgment,clearly clarifies the applicable conditions of the current application of the first-time administrative judgment principle in China.The typical problems are analyzed.The fourth part combines the theory and the existing laws to define the scope of application of the principle of administrative first judgment,and clarifies the limited use of the principle in special cases.It refines the principle and establishes a case guidance system for the principle of administrative first judgment.Judicial application makes perfect suggestions.