Research On Judicial Review Of Village Regulations And Civil Agreements From The Perspective Of Administrative Law

Traditional village regulations and folk agreements are mostly mere formalities,and there are many articles without substantial deterrence,and it is difficult to form authority on a large scale.However,with the deepening of our country’s rural revitalization strategy,village regulations and people’s conventions are no longer purely a code of conduct that only exerts effectiveness in a limited unit area,but are increasingly transformed into a connection with national laws,dialogue with superior policies,and a diversified content Standardization is even more involved in the administrative field and into the vision of administrative litigation.Based on this,the dialogue between village regulations and the administrative judicial review mechanism is worthy of research from the perspective of the new development of administrative law.The first chapter mainly interprets the new type of village regulations and folk conventions from the perspective of the development of modern administrative law to reveal the background knowledge and reasons.The interpretation of the meaning of village regulations and folk agreements should be broadly understood,that is,all the norms that have the effect of public recognition in the rural areas of our country,including the rules of self-government,various village affairs regulations,villagers’ resolutions,and so on.Based on the superimposed effects of the blending of public and private laws,the construction of a country under the rule of law,and the awakening of the village autonomy system,the relationship between the village regulations and civil agreements and modern administrative law is not only reflected in the text,but also manifested in the fact that the village regulations and civil agreements begin to shake the judge’s basis choice,or Affect its value judgment,and finally appear in the administrative judgment document.The second chapter sorts out the judicial dilemma and internal causes of administrative litigation involving village regulations and civil agreements through the study and analysis of 400 judgment documents that are substantially related to administrative judgment activities.Existing problems are mainly classified into three categories: one is basis,that is,disputes over village regulations and folk agreements as the administrative basis;the other is administrative,that is,confusion and ambiguity between villagers’ self-government behavior and administrative behavior;and the third is suitability,that is administrative The definition of the scope of litigation is disordered.The reasons can be summarized as the incompatibility between the defendant’s qualifications and the scope of administrative litigation,the squeeze of the villagers’ self-government space,the long-term thinking habits of administrative judges,and the overflow of norms.The third chapter aims to solve the basis,discussing the origin attribute of the administrative law of the village regulations and folk conventions.At present,the theoretical circle mainly relies on the "soft law source" to realize the legal source of the administrative law of the village regulations.In order to further verify the attributes of the source of administrative law of the village rules and the people’s agreement,the in-depth interview method was used to conduct empirical analysis on the administrative law enforcement agency and the judicial adjudication agency.Although the two have different attitudes towards the definition of the administrative Village regulations and people’s agreements that can play a regulatory role in administrative management or public governance are included in the category of“normative documents”,allowing administrative agencies and courts to refer to or refer to them.The fourth chapter focuses on responding to administrative problems and discussing the special value of village regulations and folk conventions in administrative and judicial activities.What is clear is that the village rulers provided formal support for some administrative handling decisions and provided an argumentation basis for some administrative judgment results.At the level of clarifying autonomous behavior and administrative behavior,different applicable purposes determine people to adopt different methods.In comparison with civil judgments,in addition to the promotion of administrative litigation activities,the village regulations and civil agreements also have potential value for the results of administrative judgments,ensuring the implementation effect and disseminating stability value.The fifth chapter focuses on the analysis of litigation issues,and perfects the judicial review path of "village rules and civil agreements" in administrative litigation.First,it reaffirms and corrects the principle of compliance,and constructs the basic theory of the judicial application of village regulations and folk conventions through the interpretation of the ultimate principle of justice,the principle of efficiency,and the principle of proportionality.The second is to propose the reform and improvement of the existing system,to realize the unification of the identification of the origin and the agreement of the discretionary standard between the administrative agency and the judicial agency,and to activate the system attribute of the village regulations and the people’s agreement in the way of administrative guidance.Finally,the review mechanism can be improved and streamlined.It is an efficient and feasible way to treat the village regulations involved in the case as "other normative documents" by virtue of the mature and effective system experience.