Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law

On the Standards of Judicial Review of Discretionary Administrative Actions

Author QianZuo
Tutor LuYongSheng
School Suzhou University
Course Legal
Keywords Discretionary administrative act Judicial Review Standard
CLC D925.3
Type Master's thesis
Year 2009
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\the reasonable administrative act . Exist in the problem is mainly due to the reasonableness of discretionary administrative act , so how judicial review of discretionary administrative act , the key to dealing with specific administrative act reasonably . \The lack of discretion standard of judicial review of administrative action restricting the further development of the administrative proceedings judicial practice , not conducive to raising the level of administrative organs of administration according to law and the protection of the legitimate rights and interests of the administrative relative person . Therefore, as an opportunity to modifications of the Administrative Procedure Law , China should be given a reasonable powers of the Court to review discretionary administrative act , and to improve the standard of review . Firstly, through the concept of discretionary administrative act , uncertain legal concepts introduced in the analysis on the basis of administrative discretion exists phase identified the connotation of discretion standard of judicial review of administrative action . The second part focuses on the introduction , the comparative analysis of the United Kingdom , Germany , and China's Taiwan region discretion standard of judicial review of administrative action . The third part of the main analysis of the deficiencies of the existing standard of judicial review . Finally , the judicial cases , the presented our facts discretionary procedures discretion and legal effect of discretion judicial standard of review .

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