A Rerserch On Judicial Review System Of Administrative Discretion On Our Country

Administrative discretion is a power under the law to decide whether and how the administrative act is, when it exercised independently according to law in the exercise of executive power. Discretionary administrative act is the result of the operation of administrative discretion, and the court may review it to achieve the purpose of review of administrative discretion. View of the rule of law, the exercise of administrative discretion should follow the principle of legality and the principle of reasonable requirements. Strengthen the judicial review of administrative discretionary power is not only practical needs, but also the modern rule of law in question should meaning. Consideration of extra-territorial administrative discretionary right of judicial review, can further found many deficiencies liking that the scope of our review of the existing system is too small, examining principle is uncertainty, operational standard of review lack, change decision has the awkward position and so on. These shortcomings are inseparable with lag theory, the priority of the executive power and other factors. In order to improving the administrative discretionary right of judicial review, we must start from the relationship between the executive power and the administrative jurisdiction power in macro , then expand the scope of administrative litigation cases , establish the principle of rationality review, make a clear standard of"abuse of authority", and increase the "discretion clearly inappropriate "standard; In micro, we need to repeal the existing judicial change decision, make sure the legal effect of specific judicial proposal, and establish a reasonable system why administrative subject make administrative discretions.