The Study On Judicial Review On Administrative

The power of administrative discretion is a core content of modernadministrative law. With the rapid development of social economy and technology, thepower and range of the government to organize and adjust social life keep expanding,the power of administrative department also expends with it. But maybe this power isat the risk of abuse. Modern administrative is gradually developing forward when thepower of administrative discretion continues expending and the control of this poweris gradually strengthened. Judicial review is an essential and effective means ofcontrolling the administrative discretional power in every country.This thesis can be divided into 5 parts. The reference section briefly describedthe motive,purpose and meaning of writing this thesis,the research situation onthis system, the important part and the difficult part of this thesis, as well as one showon this thesis.Chapter 1 is an overview of administrative discretion. It describes the concept ofadministrative discretion firstly, then analysis the advantages and disadvantages ofadministrative discretion, shows that the existence of the necessity of administrativediscretion and the possibility of misuse and abuse of manifestations. Then I analysisthe status of judicial review of administrative describe in the control system ofadministrative discretion.Chapter 2 described the concept and nature of judicial review, followed byanalysis of administrative discretionary power judicial review of the current situationand problems, and analyzes the causes of the problem.Chapter 3 proposed the need to recognize the principle of rationality. In theprocess of our country's legislation, legal review is the most important principle, andreasonable review is a subsidiary principle. But this principle of legitimacy is a kindof formal legal review, as well as a formal comprehension of the meaning oflegitimacy. Apparently this view is the root cause of the difficulties now judicialreview faces.Chapter 4 is some thoughts on the administrative case system .The case law wonher living space when realizing her law value. So this thesis calls for the establishment of judicial review case system, and play its special role in judicial review ofadministrative discretion.