The"Administrative Reconsideration Law"and the"Administrative Litigation Law"position administrative rules as"trial basis"and"trial reference"respectively.This difference in positioning is caused by the"awkward"position of regulations in Chinese normative system.From the perspective of legislative logic,administrative litigation is the exercise of ju-dicial power,and administrative reconsideration is the exercise of administrative power.The nature and relationship between judicial power and administrative power,as well as the internal relationship between administrative power,determine the ne-cessity of this distinction,and the compromise nature of legislation makes this distinction limited to administrative rules,exclu-ding administrative regulations and normative documents.However,from the perspective of the logic of legal application,un-der the restrictions of the Legislation Law on the hierarchy of legal norms,there is no essential difference in"refusal to apply"between"referring to rules"and"according to administrative regulations"in administrative litigation,the essence of the differ-ence between the two lies in the difference in the degree of legality assumption and intensity of review.In order to connect with the rules of legal application in administrative litigation,the administrative reconsideration organ also needs to apply the law ac-cording to the level of legal norms.Based on the internal relationship of administrative power,administrative rules should be handled accordingly with reference to the legality processing mechanism of normative documents in the Administrative Recon-sideration Law.
Administrative RulesApplication by ReferenceBasis for TrialAdministrative ReconsiderationAppli-cation of Law
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