Research on Administrative Trial Issues

Author: Gao Ruomin
Publisher:
Publish Date: 2003-11-01
Features: Gao Ruomin is one of the senior administrative judges of the generation in China. He served as a member of the Judicial Committee and the Head of the Administrative Trial Division of the Tianjin Higher People's Court, and he is also a council member of the Administrative Law Research Association of the China Law Society. I first got to know him when I was transferred to the Higher People's Court and had the opportunity to conduct research and give lectures in Tianjin twice. Later, due to judicial work relations and annual meetings of the Administrative Law Research Association of the China Law Society, we often met. During this period, Gao Ruomin studied in the Advanced Judge Administrative Law Class at Peking University, and I taught them multiple times. Therefore, in my interactions with them, I always felt a mix of colleague and teacher-student relationships. In the establishment and development of China's administrative litigation system, the senior administrative judges of the generation have made their due contributions. They have worked diligently on the front lines of administrative trial, studied hard, achieved remarkable results in both judicial practice and theoretical research, and experienced all the joys and sorrows of the process. However, they have always remained confident in China's democratic and legal system construction and in the administrative litigation system. Gao Ruomin worked in the economic trial division of the Tianjin Higher People's Court for seven years and engaged in administrative trial work for sixteen years. Originally, he majored in politics and history and was transferred to the court to start judicial work later in life. In the practice of administrative trial, he studied while working, solved many difficult issues in administrative trial practice, and published over 130 papers and articles, as well as several books. Even after leaving his original position, he wrote this book, Research on Administrative Trial Issues, continuing to contribute to the study of administrative law in China. This book systematically elaborates on the overall process and procedures of administrative trial, including the trial at the first and second instances and the preparation of legal documents, and summarizes them as "ten defenses, five reviews, six situations, three consistencies, three types of cases, and five types of judgments." Especially noteworthy is the viewpoint on the legality review in the "five reviews," which is reflected throughout the book. The above viewpoints summarized and generalized by Gao Ruomin should be in line with the basic principles stipulated in the Administrative Litigation Law, meet the requirements of in various administrative departments, and facilitate the realization of the principles of openness and fairness in the court's handling of administrative cases.
The times are evolving, and society is progressing. With changes in social relations, the deepening implementation of the rule of law strategy, and the acceleration of economic globalization, the study of administrative law in China hasr a rare opportunity and even broader development space. It is hoped that judges with practical experience and a focus on theoretical research will contribute to writing and publishing; more and more people will engage in and delve deeper into the study of administrative law phenomena, collectively making our due contributions to the further development and prosperity of administrative law research in China.