The Research On The Substantive Resolution Of Administrative Disputes By Courts

The substantive settlement of administrative disputes before the courts means that the people’s courts review administrative disputes and handle them in accordance with the law in the current effective legal norm system,centering on the real demands of the parties to administrative disputes.The connotation includes the elements of "legal settlement","effective resolution" and "closure of cases",etc.The substantive rule of law is the theoretical justification.The high frequency,diversity,and complexity of administrative disputes during the period of social transformation is its practical necessity.On the one hand,the substantive rule of law emphasizes that courts should uphold the concept of judicial activism;on the other hand,legal resolution emphasize that courts should adhere to the concept of judicial modesty.Wandering between dynamism and modesty is a true picture of substantive settlement by the courts in administrative disputes.Courts substantive settlement of administrative contentions is unfolding in the political context of strengthening the modernization of China’s system and capacity for governance,and satisfying people’s growing demands for rights in the new era.With its characteristics of neutrality,transparency and impartiality,the court has a unique advantage in the pluralistic and substantive administrative dispute resolution mechanism.The administrative litigation process is vacant as a dilemma for it.In the post-legislative era,in maintaining the stability and autonomy of the rule of law,it is important to focus on the use of the interpretive rather than the legislative paradigm.Therefore,the solution should be explored within the legal norms.Based on the research paradigm of legal doctrine,there are two main optimization paths:one,based on the systemic perspective,to strengthen the interaction between courts and other substantive subjects of administrative dispute resolution.Second,within the current effective legal normative system,enhance the court’s ability to interpret and reason in the whole process of administrative dispute resolution.