Judicial practice of the basic principles of administrative law

No law is no administration is the basic requirement of traditional administrative law for administrative acts, and taking the facts as the basis and the law as the criterion is the basic criterion for the adjudication of cases by the judicial organs in China.

Paragraph 1 of Article 52 of the Administrative Litigation Law stipulates that the people's courts hearing administrative cases shall be based on laws, administrative regulations, and local regulations. Local regulations apply to administrative cases occurring within that administrative region. The first paragraph of Article 53 stipulates that the people's courts hearing administrative cases shall refer to the rules formulated and promulgated by the ministries and commissions in accordance with the laws and administrative regulations, decisions, and orders, as well as the rules formulated and promulgated by the people of the provinces, autonomous regions, municipalities directly under the Central Government, and the people of the larger cities approved by the people, in accordance with the laws and administrative regulations.

It can be seen that the basic principles of administrative law, which are the basic principles of administrative law as a summary of the basic spirit of administrative law, are excluded from the practice of administrative justice, and the two precedents of the Supreme Court have challenged them.

The basic principles of administrative law are the basic laws that guide and regulate the legislation and enforcement of administrative law, as well as the implementation of administrative acts and the handling of administrative disputes.

First, the basic norms guiding the formulation, implementation, observance, and resolution of administrative disputes in administrative law are the theoretical basis of the entire administrative law, and are the leading ideas and core concepts that run through the entire administrative law. It is further divided into substantive basic principles and procedural basic principles.

Second, it is the basic norm that runs through administrative law and guides the formulation and implementation of administrative law, which is a summary of the spiritual essence of people's administrative law norms and reflects the value and purpose of administrative law.

Third, it is the basic norm that runs through the norms of administrative law and guides the acquisition, exercise and supervision of administrative power, and is also the main symbol that reveals the basic characteristics of administrative law and distinguishes it from other departmental laws.

Fourth, the basic norms or principles that only run through the entire process of administrative law and guide the formulation and implementation of administrative law are the embodiment of the spirit and essence of administrative law and the basis for the existence of administrative law norms or rules.

According to the outline of the implementation of administration according to law and scholars, the basic principles of administrative law include the following four principles: the principle of legal administration, the principle of reasonable administration, the principle of trust protection, and the principle of efficiency. For administrative cases that fall within the scope of the people's courts, citizens, legal persons, or other organizations may first apply to the administrative organs for reconsideration, and if they are not satisfied with the reconsideration decision, they may then file a lawsuit with the people's courts; You can also file a lawsuit directly with the people's court.

I. Characteristics of the Basic Principles of Administrative Law:

1. Universality: It runs through all administrative laws and has a guiding and commanding role in all kinds of administrative law norms; It runs through all aspects of administrative legislation, law enforcement, judiciary and legal supervision; Applicable to a wide range of administrative-legal relationships.

2. Uniqueness: These principles are different from the basic principles of civil law, criminal law, procedural law and other departmental laws.

3. Foundationality: These principles are the basis for other principles and rules in administrative law.

4. Stability: As a basic principle, it cannot be changed at will, but is a core idea with stability and guidance.

5. Generality: The basic principles are the theoretical abstraction and generalization of the general rules of administrative law.

2. The basic principles of administrative law can be summarized as follows:

1. The principle of legal administration.

2. The principle of reasonable administration.

3. The principle of due process.

4. The principle of high efficiency and convenience for the people.

5. The principle of honesty and trustworthiness.

6. The principle of unity of rights and responsibilities.

3. The principle of lawful administration in our country consists in structure of two aspects: compliance with existing laws and activities authorized in accordance with the law.

1 The administrative authorities must comply with the laws in force. The basic requirements in this regard are: Administrative organs shall carry out administrative management in accordance with the provisions of laws, regulations, and rules, and administrative organs are prohibited from violating the currently effective legislative provisions.

First, no stipulations or decisions of an administrative organ may contradict the law, and no stipulations or decisions may be made by an administrative organ that are inconsistent with the existing law. If the regulations and decisions of administrative organs are illegal, they cannot achieve legal effect. Second, administrative organs have the obligation to actively implement and enforce the administrative obligations provided for by the laws currently in force.

Failure of an administrative organ to actively perform its statutory obligations will constitute an omission violation.

2. Administrative organs shall authorize activities in accordance with the law. The basic requirement in this regard is that without the provisions of laws, regulations, and rules, administrative organs may not make decisions that affect the legitimate rights and interests of citizens, legal persons, and other organizations, or increase the obligations of citizens, legal persons, and other organizations.

Legal basis

Administrative Litigation Law of the People's Republic of China

Article 44.

For administrative cases that fall within the scope of the people's courts, citizens, legal persons, or other organizations may first apply to the administrative organs for reconsideration, and if they are not satisfied with the reconsideration decision, they may then file a lawsuit with the people's courts; You can also file a lawsuit directly with the people's court. Where laws or regulations provide that an application for reconsideration shall be made to an administrative organ first, and where a lawsuit is filed in a people's court after being dissatisfied with the reconsideration decision, follow the provisions of the laws and regulations.

Summary. Hello, the basic principles of administrative law are universal, basic and special in themselves, and they should reflect the essential characteristics of administrative law norms that distinguish them from other laws.

The basic principles of administrative law are universal, basic, and unique, and should be able to reflect the essential characteristics of administrative law norms that distinguish them from other laws.

The application in practice is as follows: 1. The basic principles of administrative law are the basis for the formulation of administrative law norms. 2. When the specific norms of the administrative law are not clear or there are no provisions, the basic principles of the administrative law can be directly applied to the administrative law, and legal interpretations can also be made in accordance with the basic principles of the administrative law.

Legal analysis: From the perspective of jurisprudence, administrative law is nothing more than a departmental law, which is a legal norm for regulating and supervising administrative relations; From a constitutional point of view, the administrative-legal relationship between the state and the citizen, as regulated by administrative law, is one aspect of the larger state-citizen relationship; Looking at administrative law from the perspective of administrative management, it mainly emphasizes the reality of administrative law and emphasizes that administrative law should be in line with reality. From the grasp of the essence of administrative law to understand the basic principles of administrative law, it can be found that the basic principle of administrative law includes two aspects: what should be and what is

The principle of administrative rule of law, the principle of proportionality, the principle of interactivity, the principle of procedure, and the principle of responsible administration.

Legal basis: Administrative Litigation Law of the People's Republic of China Article 3: People's courts shall safeguard the right of citizens, legal persons, and other organizations to sue, and accept administrative cases that should be accepted in accordance with law. Administrative organs and their staffs must not interfere with or obstruct the people's courts' acceptance of administrative cases.

The responsible person for the administrative organ that is the subject of the lawsuit shall appear in court to respond to the lawsuit. and where they are unable to appear in court, they shall entrust the corresponding staff of the administrative organ to appear in court.

Derivative question: What are the basic functions of the Administrative Blocking Law? (1) Contribute to the unification of the administrative law system.

1. Coordination and stability.

2) Contribute to the unification and coordination of the implementation of administrative law.

3) Contribute to making up for deficiencies and omissions in administrative law norms, and ensure that social relations are adjusted in a timely and necessary manner. Provisions on the relevant content of the Administrative Litigation Law of the People's Republic of China. Article 15: The High People's Court has jurisdiction over major and complex first-instance administrative cases within its jurisdiction.

Article 16: The Supreme People's Court has jurisdiction over major and complex first-instance administrative cases nationwide. Article 17: The people's court for the location of the administrative organ that originally took the specific administrative act has jurisdiction over administrative cases. In cases that have been reconsidered, where the reconsideration organ changes the original specific administrative act, the people's court for the location of the reconsideration organ may also have jurisdiction.

Legal analysis: China's current administrative law has two basic principles: the principle of rationality and legitimacy, because our country does not yet have a unified administrative code, and the specific laws are distributed in various specific legal norms, so it is necessary to be legal and reasonable in administrative acts.

Legal basis: Article 4 of the Administrative Punishment Law of the People's Republic of China follows the principles of fairness and openness in administrative punishments.

The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation.

Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be the basis for administrative punishments.

1) Administrative law is a general term for the legal norms that regulate administrative relations. Specifically, it is a general term for the legal norms that regulate the various social relations that occur in the course of the performance of the functions of the state administrative organs.

2) The basic principles of administrative law are the common rules that reflect the intrinsic relationship between the essence of administrative law and the specific institutional rules, and are the common principles that run through all links of the activities of the state administrative organs and are reflected by all administrative law norms. It mainly includes the principle of administrative legitimacy, the principle of administrative reasonableness and the principle of due process.

The principle of administrative legitimacy means that all parties to administrative legal relations must strictly abide by and implement the provisions of administrative laws, all administrative activities must be based on law, and no subject of administrative relations shall enjoy extrajudicial privileges, and acts that violate administrative law norms shall bear corresponding legal responsibility.

The principle of administrative reasonableness refers to the fact that the acts of the parties to an administrative legal relationship, especially the acts of administrative organs, must not only be lawful but also reasonable, that is, the administrative acts should be reasonable, appropriate and proportionate.

The principle of procedural due process means that administrative organs must follow due legal procedures when performing acts that affect the rights and interests of their administrative counterparts.