2014Beifang faxueRequires access

Study on Application of Policy in Administrative Litigations

Zhang Hon

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Abstract

Application of policy in administrative litigations is more active in practice than in theory. In China,the actual status of shadow regulations and the basis of judicial review are rather embarrassing. Application of policy in administrative litigations bears features of rationality and specificity,and theories from western jurisprudence have brought lots of inspiration which is worth learning. It is feasible to establish a reasonable status for application of policy in administrative litigations as investigation objects and trial basis,and to make guarantee measures by means of rules of legal reasoning,judicial interpretation and precedent guidelines.

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What this paper is about

Application of policy in administrative litigations is more active in practice than in theory. In China,the actual status of shadow regulations and the basis of judicial review are rather embarrassing. Application of policy in administrative litigations bears features of rationality and specificity,and theories from western jurisprudence have brought lots of inspiration which is worth learning. It is feasible to establish a reasonable status for application of policy in administrative litigations as investigation objects and trial basis,and to make guarantee measures by means of rules of legal reasoning,judicial interpretation and precedent guidelines.

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Available abstract

Application of policy in administrative litigations is more active in practice than in theory. In China,the actual status of shadow regulations and the basis of judicial review are rather embarrassing. Application of policy in administrative litigations bears features of rationality and specificity,and theories from western jurisprudence have brought lots of inspiration which is worth learning. It is feasible to establish a reasonable status for application of policy in administrative litigations as investigation objects and trial basis,and to make guarantee measures by means of rules of legal reasoning,judicial interpretation and precedent guidelines.

Key concepts: Rationality, Interpretation (philosophy), Jurisprudence, Shadow (psychology), China, Administrative law, Law and economics, Political science

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