On The Standard Of Review Of Administrative Proceedings

Criteria of Judicial Review in administrative litigation is an important and new issue which concerns the connection between the theory and the Practice. It will have a positive and deep influence on the theory and practice of the study on administrative litigation law and administrative law if a scientific theory system of Criteria of Judicial Review in administrative litigation is established. It will have an instructive value to the development of practice especially. However, few studies and elucidating have been done on it in today's administrative litigation law study in China, nor in some developed countries. This dissertation will try best to solve the problem. The dissertation is composed of eight chapters.I. Arrangement of the DissertationChapter I, "Introduction".The basic questions will be put forward and answered in this Chapter. Questions such as the relation between criteria of judicial review and objects of judicial review, the relation between criteria of judicial review and object properties of judicial review, the concept and basic contents of the criteria of judicial review, the position of the criteria of judicial review in judicial review law theory system and the confusion of its concept in using will be discussed in this chapter. The dissertation declares that the scope of accepting cases of judicial review determines the objects of it, while the objects determines the objects' properties and the objects' properties determine the criteria. On this basis the concept is given that Criteria of Judicial Review are a series of rules that must be followed when various administrative actions are reviewed and adjudicated by People's Courts. From this concept we know that Criteria of Judicial Review are not concrete statutes, instead, they are spirit kernels which exist in statues. The main contents of Criteria of Judicial Review concern rules of review manner, review procedure, the legal basis of review, the scope of review, evidence review and adjudicating reasons. As a series of rules, Criteria of Judicial Review influence deeply on such issues as review purpose, review principle, procedures, adjudicating manner. At the end of this chapter, the purport, the basis, the methodology of making the study and the preparation I have made for the dissertation are mentioned too.Chapter II, "The Basic Thoughts Determining the Criteria of Judicial Review in Administrative Litigation".According to the dissertation, the basic thoughts determining the criteria include not only such common thoughts in administrative Law as the separation and balance of Powers,administration ruled by law and principle of Judge saying the final words, but also those special thoughts as effective rights-safeguarding theory, principle of due process, administrative discretion theory, administrative judging space theory and principle of proportion, etc. The dissertation mainly discusses the special thoughts. Among them, principles of effective rights-safeguarding, administrative discretion theory and administrative judging space theory are not well-known by most people in China.Chapter III, "The premise issue: an analysis to review manner of administrative actions".According to the dissertation, "the premise issue" refers to the manners which people's courts take to the sued administrative actions according to the administrative litigation law and the parties' appeal. In other words, it is the review manners that people's courts take when deciding the nature of administrative actions in litigation law. The premise issue is the basic question in discussing Criteria of Judicial Review. It changes according to the various review manners, and it helps us to understand the context, the formal structure and the material purpose of Criteria of Judicial Review. After summarizing the experience of foreign administrative litigation, the dissertation finds out the omission of statutes and the simpleness in academic study. Furthermore, the dissertation says that the premise issue includes not only the vali...