The Study On Judicial Review On Administrative Discretion

The relation between judicial power and administrative power is one of core and very practical subject of administrative law. Discretionary power is one of the important parts of administrative power, also it is one of the most difficult problems in the administration process in accordance with law. The expansion of administrative discretion has characterized modern public administration. At the same time, the power of administrative discretion is a power easy to be abused. To protect citizens from the aggression of administration discretionary power, countries have begun to resort to judicial review to contort it. Generally speaking, in our country, the research in the field lags behind the other countries.Through analyzing the related subjects in U.K., U.S.A, Germany and French etc., this article carries out researches focused on respects such as basic principle, standard, scope, intensity and result of judicial review on administrative discretion. My conclusions are drawn as:The modern principle of rule by law provide theory base for judicial review on administrative discretion. We must try all the time to confine administration discretionary power into certain doctrines and frames, establishing a series of relevant governing rules in the administrative law. The principle of review is reasonable. Reasonable review is the important parts of legal review, the extension of it, the layer deeply of it. The principle of reasonable review run through all course of judicial review, include the standard, scope, intensity and result of judicial review on administrative discretion. The judicial review on administrative discretion has its double goals: We must restrain administrative power, prevent to be abused; on the other hand, we must respect reasonable administrative discretion, avoid to interfere with administrative power extravagant. In the end, this article put forward some prospects with the future of judicial review on administrative discretion in china.