On the Rationality Principle of Administrative Litigation in Substantive Resolution of Administrative Disputes

Abstract

Through the analysis of the administrative second-instance case of Tianchang Aimeiyi Clothing Processing Factory v. Chuzhou Radio, Television, Press and Publication Bureau, when the Anhui Provincial Higher People's Court conducted the second instance of this case, it was mainly the application of the principle of administrative rationality, thereby affecting the administrative penalty behavior and the first-instance judgment was changed. First, the author elaborates on the general theory of the principle of administrative rationality. The connotation of the principle of administrative rationality is mainly expressed as the principle of administrative fairness and justice, the principle of considering relevant factors and the principle of proportionality. Secondly, the author elaborates on the principle of administrative rationality based on this case and relevant practice. The actual situation mainly includes the obvious inappropriateness of discretionary administrative actions and the lack of application of change judgments; thirdly, the analysis of the current causes of the principle of administrative rationality mainly includes two aspects: administrative efficiency and responsibility and the use of judicial change power; finally, the administrative rationality principle The practical application of sexual principles puts forward corresponding suggestions for improvement.