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

Judicial Review of Administrative Discretion Study

Author LuJing
Tutor XiangZhongCheng
School Guangxi University for Nationalities
Course Procedural Law
Keywords Administrative discretion Principle of rationality Judicial Review
CLC D925.3
Type Master's thesis
Year 2010
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Administrative discretion is the administrative subject in the process of exercising administrative power, have to decide whether or not falling within the limits prescribed by law and how to make the powers of the administrative behavior. Discretion of administrative behavior is the result of the operation of the administrative discretion to court may, through the review of discretion of administrative behavior to achieve the objective of the review of administrative discretion. In the perspective of the rule of law, the exercise of the right of administrative discretion shall follow the principle of legality and reasonableness of the request. To strengthen the judicial review of administrative discretion is not only the need of reality, also is the inevitable requirement of modern rule of law. Consideration scope of administrative discretion judicial review system, which can further findings of administrative discretion in administrative litigation law in China is censored range is too small and unclear review principle, censorship standards, lack of interoperability issues of sentence, change is an embarrassment. These defects and legislative uplink power and administrative jurisdiction over the inaccurate positioning, optimization of administrative power, theoretical research lag factors are inseparable. In order to perfect the system of judicial review of administrative discretion, from the perspective of the relationship between administrative power and administrative jurisdiction, expand the scope of accepting cases in administrative litigation, the establishment of the rationality review principles, to establish "abuse" standard of review, increase obvious inappropriateness of "discretion" standard of review standards, abolishing the administrative discretion has the judicial change decision.

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