The Research Of Adminisitrative Discretion Of Judicial Review

Now, the research on the administrative discretion is one of the core topic subjects on China's administrative law and the administrative reformation . Since the 20th century, Along with the continuous expansion of executive power, administrative discretion has become an important component of the administrative power. Even a scholar therefore concluded that " administrative discretion was dominated by the rule of the terms", China are now facing a period of social transition, and many problems is unprecedented. A large number of administration make the offices has great power over the everyday lives of people. From an objective point of view, The exercise of administrative discretion to the individual justice and the realization of improving administrative efficiency is undoubtedly very helpful. However, this tool is also double-edged sword. the characteristic of this containing human beings subjectivity, this characteristic of power is easily to result in abuse. Moreover, once uncontrolled , it will make serious consequences. Therefore, it is most important to ensure that the power is not abuse, but is fairly exercised. the crucial and vital task of administrative law, broadly conceived, is to ensure that those officials are held accountable for the exercise of discretionary powers.At the heart of administrative law lies the phenomenon of judicial review-the ability to test before the courts the legality of some exercise of governmental power. this is the crucial mechanism for ensuring that accountability. The courts, independent and impartial, are well suited to ensure that powers are not abused. Judging from the current situation, there is a larger controversy in the understanding of the concept of discretionary power. we are basically in favor of the motion from the perspective of judicial review for the discretion of the administrative control of the issue. However, the judicial review of the principles and standards on the issue is highly controversial(Judicial review is also the breadth and depth of the problem). Therefore, this paper to comply with this order, First of all the article will clarify the concept of administrative discretion. The article will recognize the universality and necessity by comparison analysis. Then, the article will make a through analysis the manifestations and causes of administrative discretion. Finally, through the analysis of the related research results made in British and Germany countries , and the experience of legal control over administrative discretion, the present paper puts its focus on the previously mentioned China's administrative discretion and control the operation of the present situation and problems, Based on the premise of the rule of law, From the principle of judicial review and standards (subjective and objective) to strengthen the two areas and improve our administrative discretion to the concept of judicial review system.