Judicial Review Of Discretionary Administrative Act

It is inherently required by modern spirit of rule of law that administrative power should be checked and controlled. Administrative discretion have been an indispensable part of the field of administrative power, accompany with the expansion of the latter. In this sense, it is inevitable that discretional administration trend to be expanded as well as judicial control on administrative discretion trend to be enhanced. The core of rule of law lies in that prevent discretion from abuse. Therefore, it is essential to study the control and check on discretional administration, in order to compel the development of rule of law in China.This paper first broadly studies and examines some fundamental and theoretical issues of judicial review on discretional administration, such as the definition, the principles, and the grounds, comparing the constitutional system in China with that in common law system and civil law system. Subsequently, this paper discloses the general approaches to judicial review on discretional administration and the tendency of judicial review as well. Finally and importantly, this paper amount to its conclusion that it is vital to reform judicial system, to enlarge the scope of reviewable bodies and to refine the standards of irrationality of judicial review. In addition, this paper gives its specific suggestions based on Chinese judicial practice.