Judicial Review On The Reasonability Of Administrative Actions

In recent years, especially since China's entry into the WTO, judicial review on the reasonability of the administrative action has attracted widespread attention in the domestic field of the administrative academia. Among the various opinion of discussion with wisdom, the view of approving judicial review on the reasonability of administrative actions become the mainstream view of scholars. Practitioners have been making a practice try on their own understanding of the judicial review on the reasonability of the administrative action. However, because of the theoretical studies' shortages on the basis of judicial review on the reasonability of the administrative action, the judicial practice takes on parallel tracks which damages the unity and authority of the judiciary. To this article, in the face of the objective existence of a specific administrative action unreasonably, the judiciary should not stretch itself too far, nor show indifferent to the request of the relative of administration. This paper believe that it is a wise choice for the judiciary, on the one hand to allow the administrative discretion the necessary space, on the other hand to make a judicial review and correction to the reasonability of the administrative action in the moderate range, with proper methods and standards. That is a limited judicial review. On the basis of summarizing the theoretical research results of the scholars and comparing the experiences of the legislation and judiciary from the main countries of the world, this paper starts with the research of the establishment of the basic administrative law-principle of administrative reasonability and the relation between the law principle of administrative reasonability and the judicial review by the methods of evidence and comparision. The paper has analyzed and researched the legal basis and social values of the judicial review on the reasonability of the administrative action as well as the necessity and feasibility of the establishment of the system of the judicial review on the reasonability of the administrative action. The paper also do effort to study the specific details of the system of the judicial review, including the scope, standards, the distinguishing of the results of discrimination and the forms of expression. The paper's expectation lies in the benefits to improve the theoretical research of the judicial review on the reasonability of the administrative action for further studies, to gradually perfect the related legislation and judiciary, to establish the authority of the judiciary and to help promote the rule of law.