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最高院在《行政诉讼法》颁布之后,根据不同时期的社会法治状况和司法实践,先后做出了一系列法律解释,这些法律解释被广泛适用于行政诉讼中,对于贯彻实施《行政诉讼法》起到了积极的作用。但随着民主和法治的发展,同时由于行政诉讼在我国的特殊地位,最高院法律解释在实践应用中,还是受到各种因素的影响,因此我们有必要系统地分析其在行政诉讼中的应用。本文从最高院法律解释的效力、地位、适用规则、以及在实践应用中出现的问题来论述其在行政诉讼中的适用问题。
After the promulgation of the Administrative Procedure Law, the Supreme People’s Court made a series of legal interpretations according to the state of law and judicial practice in different periods of time. These legal interpretations are widely applied in administrative litigation, which is of great significance to the implementation of the “Administrative Procedure Law” Played a positive role. However, with the development of democracy and the rule of law, at the same time, due to the special status of administrative litigation in our country and the legal interpretation of the Supreme People’s Court in practice, it is affected by various factors. Therefore, it is necessary for us to systematically analyze its application in administrative litigation . This article discusses the application of administrative lawsuit in terms of the validity, status, applicable rules and the problems that arise in practice application.