Research On The Standards Of Review Intensity Of Administrative Litigation

In recent years, with the Expansion of the scope of accepting administrative cases, more and more administrative cases entered the scope of judicial review . However, because of censorship standards fuzzy, Court administrative acts do formal review given the substantial dependence. Administrative proceedings a mere formality. The other, the executive agencies need sufficient powers to deal with community management of the various problems, however, because of the standards of administrative proceedings to review is not clear , many factual issues was excessive intervention by the Court, executive dares not to act. The review standards which is in the background of intensity of Judicial Review need to be clear. Based on the analysis, this paper explained the link between the intensity of judicial review and the review standards. That is the intensity of the review being sued as a court review of administrative acts in the depth and intensity, reflect the conflict and coordination of judicial and administrative powers in the proceedings. In the proceedings, the intensity of the review should be check specific through standards of review. Then, article states the standards in countrys which belongs to different legal systems from the perspectives of Comparative Law .At last, in view of the relevant conditions , from the operational conditions of the judicial practice , learn from advanced foreign experience , the author set forth suggestions to building the review standards of the intensity of administrative review . Taking the advantages of different professional skills of the courts and administrative agencies , to review issues with strong administrative , court shall respect the previous judgment of the executive organs , for the weaker review. As for matters which is court good at, court has a large extent power to review. With modern executive power continues to expanding, Judicial power should be enhanced overall , but do not to review completely to interfere with the autonomy of executive powers, or to replace the role of the executive power .