Administrative Act Of Judicial Review Strength

In view of what the issue about intensity of review of administrative actions does yet not bring our researchers enough attention and regard, this article attempts to conduct primary and systematic analyses and researches of it. Proceeding from the comparative analyses that the courts conduct some limited review of legislative and inferior court抯 acts in the judicial review and appellate review, based on the courts, Chapter I defines the need of research on intensity of judicial review of administrative action. The difference between the intensity of review and the scope of accepting administrative cases lies in: the latter is primarily involved horizontal scope of judicial supervision over administration, the former concentrated on the vertical scope of judicial review of administrative actions. But they are essentially related to the conflict and harmony between the judicial powers and administrative ones. The article holds that as appropriate scope of accepting administrative cases, reasonable intensity of review will contribute to rational allocation between administrative power and judicial one and reduce the conflict between administration and judicature, and avoid the double jeopardy of 揹eficiency of checks and balances?and 揺xcess review in administrative litigation. The researches on the issue will contribute to make the deeper survey of relations between the judicial powers and administrative ones and to deepen the research on our administrative litigation system. And it is hoped that new think and investigation about construction and reform of our administrative law system will make our administrative litigation system take root in firm bases thereby. Chapter II, based on the theoretical analyses of intensity of review, indicates that although administrative actions must receive judicial final adjudication in administrative litigation, this judicial finality does not mean that the courts can conduct equally and indistinctively thorough review of all administrative actions and every aspects of administrative actions. On the other hand, judicial review of administration will naturally be bound by the differences between judicature and administration and the existence of administrative autonomy the some extent, particularly in some fields and in some aspects of administrative actions objective need and legal provisions may require courts to loosen the strength of review and give respect to the administration. After systematically ?? Abstract investigating relations between judicature and administration in Continental and Common law system, the article points out that Anglo-American judicial review is in nature a kind of appellate review and intensity of judicial review is weak whereas administrative litigation of continental legal system is akin to the administration and intensity of judicial review is strong. With the development, however, there is a tendency to gradual convergence of two models. But above models merely generally describe the intensity of judicial review, the latter is objectively influenced and restricted by many factors, such as the separation of powers, purposes and functions of administrative litigation, differences between judicial and administrative activities and situation of administrative operation, judicial philosophy and trial models, etc. Chapters III VI make specialized studies on intensity of judicial review about the issues of...