On Judicial Review Intensity Of Administrative Discretion Act

Administrative powder has a tendency of expanding with the variety of administrative business and the complexity of administrative environment growing, which tends to infringe personal interests as the administrative power, especially discretion power has to guarantee efficiency. Judicial review system is the result of the long-term development of western legal system. Judicial review has the become the most intense supervision method under the influence of"separation of three powers"and judicial independence.It has been widely accepted that discretion powder should be effectively controlled and judicial review system has adopted to supervise it.Judicial review has two dimensions: width and depth of review, which are respectively refer to the range and the intensity of it.This thesis revolves around the intensity of judicial review. It falls into four parts, expounding the theory of discretion act and judicial review intensity, making comparison between the American and British legal system and the continental system in their construction of judicial review intensity as well as the enlightenment from the two systems. Based on this analysis, the shortcomings of the judicial review intensity in our country are exposed and detailed principles and measures are put forwards to establish it in China.The first part is a theoretical statement of administrative discretion act, mainly about the concept and basic features of it a well as the necessity of its existence.The second part, starting with the connotation of judicial review, analyzes its theoretical foundation and the influential factors as well as the relation with judicial review scope.The third part is the introduction of setting of judicial review intensity in different countries from American and British legal system and continental system. It summarizes some beneficial experience for our country.The fourth part is the author's opinion of setting up judicial review intensity in China. Based on the analysis of the situation in China, it offers the reason for week judicial review in our country and puts forwards suggestion to establish judicial review intensity from macroscopic and microscopic aspects.