Research On The Administrative Rationality Judicial Review

Rationality review in administrative litigation is that the people's courts apply legislation purpose and spirit,the general principles of law and the basic principles of administrative organ to review whether the administrative discretion actions are in conformity with the administrative rationality principle.The thesis focuses on rationality review in administrative litigation.The thesis states the rationality review in administrative litigation is rooted in the demand that the administrative discretion actions should not only conform to the law,but also conforms to the principle of administrative rationality.There is a constitutional basis for rationality review in administrative litigation.Meanwhile it is the requirement to control the administrative discretion actions and to solve administrative disputes.The article compares the provisions in "administrative litigation law" in 1989 and 2014 about the rationality review,and also researches the judicial practice of rationality review in administrative litigation based on the administrative judgment samples,with the aim to dig out the problems of it.Following,it states the object,the criteria,the intensity,the methods and the results of the rationality review in administrative litigation,in order to systematically build the rationality review in administrative litigation.There are four Chapters,which are as following:Chapter One:"The basic theory of rationality review in administrative litigation".This part firstly analyzes the establishment,the content and the requirements to the administrative actions of the administrative rationality principle.The rationality review in administrative litigation is not the new requirements to the administrative actions in the litigation stage,but embodies the court supervises the administrative actions whether meet the requirements of the law and the basic principles of administrative organ.From the provisions of "the administrative litigation law",although the law treat the seriously irrational administrative act as illegal,but in essence,it is a kind of rationality review that the court review the "abuse of power"and "obviously inappropriate" administrative actions.There is a constitutional basis for rationality review in administrative litigation.Meanwhile it is the requirement to control the administrative discretion actions and to solve administrative disputes.Chapter Two:"The comparative study on the rationality review in administrative litigation of outside".Both countries of the Anglo-American law system and continental law system stipulate reviewing the rationality of the administrative discretion actions.This section focuses on the provisions and judicial practices in these countries and regions,researching on the scope of the administrative discretion actions,and the criteria,the intensity,the methods and the results of the rationality review in administrative litigation,with the hope of providing reference to perfect the related system of our country.Chapter Three:"The provisions and judicial practice of rationality review in administration litigation in our country".The provisions of the rationality review standard in the "administrative litigation law" of 1989 are "abuse of power" and"administrative penalty which is obviously unfair".The provisions of the rationality review standard in the "administrative litigation law" of 2014 are "abuse of power"and "obviously inappropriate".In this chapter,we try to answer these questions:what is the reason to modify the regulation,whether the review standards play their roles in controlling the administrative discretion actions,what problems still exist in the judicial practice,etc.Chapter Four:"The establishment and perfection of the system of rationality review in administration litigation in our country".Combined with the second and the third chapter,taking account of the existing problems in the judicial practice of the rationality review in administrative litigation,this part draws to the conclusion that we should build and perfect the rationality review system in administrative litigation,including the object,the criteria,the intensity,the methods and the results.