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Research On The Judicial Review By The Principle Of Proportionality

Posted on:2007-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:W QinFull Text:PDF
GTID:2166360185493110Subject:Law
Abstract/Summary:PDF Full Text Request
The expansion of Administrative discretion is an inevitable trend of social development. Strengthening judicial control of administrative discretion will become law demands. Researches on expanding of the administrative discretion and strengthening of the control to administrative discretion has always been an important modern administrative law research topics. At this stage, our judicial review of administrative acts at the discretion uses the reasonableness standard, but this standard has a certain mistakes, and in our country does not play a proper role. Introduction of the principle of proportionality as the basic principles of administrative law, judicial review standards are becoming one of China's administrative law and it will play a pivotal role in China administrative law construction.This article is divided into three parts.Part I is the theoretical definition to the principle of proportionality .Chapter I make the German blueprint for the concept and content of the principle of proportionality elaborated, and their three sons principles; the proper principle, the balanced principle and the principle of the need for a comparison of the relationship. Section II on the basis of the principles of philosophy to the concept of fundamental rights, the rule of law concept and the concept of fairness and justice, the principle of proportionality is to be able to consolidate and develop ideas for a solid legal basis. Section III of the principles of proportion and the placement of the application,...
Keywords/Search Tags:the administrative discretion act, the principle of proportionality, judicial review criteria
PDF Full Text Request
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