2011•Journal of Heilongjiang Administrative Cadre College of Politics and LawRequires access
On the Application of Administrative Provisions in Administrative Proceedings
Cui Wen-ju
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Abstract
The people's courts often have to deal with the question of application of administrative provisions in administrative proceedings,but they can not find the correct answer in the existing theory and practice.Different types of administrative provisions should have different status in the application of them in administrative proceedings.Whether related administrative provisions exceed authority or violate the law should be served as standards of legality examination of them by the people's courts.When the people's courts find judgments,they can quote administrative provisions as grounds or criterions of them,but they cannot quote them only.The common theoretical opinions and practice on this issue are not proper,and should be corrected.