Research On Judicial Control Of Administrative Discretional Power

Modern administration mainly shows the power of administrative discretion. The judicial control of the administrative discretional power is one of the core and main expression of administrative law, found in all behaviors of administration in most of the countries. Its particular principle of reasonable review plays a signify role in restricting the administrative power and protecting the people's right. There are some defects about this system in our current Administrative Proceedings Law, which result in those administrative acts made by the abuse of this power or showing obvious injustice. In accordance with this circumstance, the essay depends on foreign related rules and integrates the actuality of China, effort to perfect the judicial control system of administrative discretional power with Chinese characteristic.This article has five parts. The first section briefly introduces the research situation on this system.The second section is about the fundamental theories about the judicial control of administrative discretional power, which begins with the analysis of the definition of this system and the administrative discretional power, and then expounds the forms of it being abused. Then this article shows its reasonable existence and the possibility of it being abused about this system, and gets the conclusion that the judicial review can effectively control the overflow of the power of administrative discretion.The third section places emphasis on the historical development of this system.