On the evening of October 11, 2020, Professor Liu Lianjun, Professor of Law and Doctoral Supervisor of Southeast University, was invited to visit the Law School of Guilin University of Electronic Science and Technology, and gave an academic lecture on The Institutional Logic of Judicialization of Administrative Litigation to the teachers and students of Guilin University of Electronic Science and Technology. The lecture was hosted by Prof. Jia Yuanyuan and attended by Dr. Sai Zheng, Ms. Wu Yuehua, graduate students and undergraduates of the School of Law.

Starting from individual cases, showing problem-oriented consciousness

Focusing on the theme of the institutional logic of private administrative lawsuits, Professor Liu Lianjun takes the Supreme People's Court Instruction Case No. 89 as a sample for analysis, and through the deconstruction and analysis of the Northern Wild Goose Yunyi case, he extracts that, in the administrative litigation of name registration cases, the Courts apply private law norms to resolve administrative public law disputes. By introducing the concept of the right to a name in public law, Professor Liu Lianjun takes this issue as an orientation and reveals that the non-registration violates the plaintiff's right to a name in public law, while pointing out that the court adopts this trial strategy in order to avoid judicial review of normative documents. Through layers of argumentation and analysis, Professor Liu Lianjun summarizes the logic of the underlying system of private administrative litigation: the conspiracy of three factors: insufficient legislative supply, policy-implementing justice and the operation structure of the bureaucratic system. Professor Liu Lianjun believes that the fundamental solution to the problem of circumventing the legitimacy review by means of administrative litigation private legalization lies in the return to a natural dispute resolution judicial track.

Second, with critical thinking, explore the causes of the problem.

By analyzing the judicial adjudication methods in the case, Professor Liu Lianjun pointed out with critical thinking that in the legislation, the NPC neglected to legislate on name registration, while the local public security organs were dominated by management-centered thinking and made standard documents for name registration across the board, which led to a shortage of legal supply and made it impossible for judges to rely on in administrative adjudication; in judicial adjudication, they used the means of judicialization of administrative litigation to evade and cover up the problem of name registration. Judicial review of normative documents is a logical consequence of the policy-implementing courts, reflecting the lack of solid independence of the policy-implementing courts in administrative litigation, making it impossible for administrative relatives to get neutral decisions.

Suggestions for improvement in relation to the context of social transformation

In response to the current administrative litigation in China's private law, Professor Liu Lianjun pointed out that the judicial remedy of the right to name in public law on the review of the legality of administrative action, and even the application of the Constitution's human dignity provisions for constitutional review of the view. Professor Liu called for the repositioning of China's judicial, from the current policy implementation type of justice gradually shift to dispute resolution type of justice. Only the judicial power of the court and the administrative power of the executive in practice will not be entangled with each other, and in the process of litigation, the former can be the latter lawful review, let the judicial judicial, administrative to the administrative, civil rights guaranteed by the rule of law can become a reality, this is the basic experience of human constitutional development of the rule of law.

Professor Liu Lianjun, starting from individual cases, focused on the nature of the right to a name in public law and the legal basis of administrative adjudication. Professor Liu Lianjun presented a wonderful legal lecture to the teachers and students of the Law School from the perspective of individual cases, focusing on the nature of the right to a name in public law, the legal basis of administrative adjudication and the judicial transformation of courts. During the question and answer session, teachers and students expressed their opinions and doubts. Dr. Sai Zheng talked about his own insights around Professor Liu Lianjun's lecture from the perspectives of humanistic concern and good governance. Professor Jia Yuanyuan summarized the lecture and encouraged the students to learn from Professor Liu's problem consciousness and critical thinking in the process of academic research. In the interactive part of the lecture, students spoke enthusiastically and exchanged ideas in depth, showing the spirit of Guaidian's Integrity and Courage, Conduct and Innovation.