The Study On The Judicial Review Against Administrative Affirmation

Because of its significant effect and unique character, administrative affirmation has received greatly attention from 20 century. Administrative affirmation plays massive roles in the field of establishing legal relation, reducing various dissensions, guaranteeing the social stabilization, maintaining legal right of private party. However, the actuality of administrative affirmation reflects a problem that the lacks of judicatory remedy means the private party has no protection. Weather the administrative affirmation would be brought into the area of judicial review is being disputed. Based on the former outcome, this document will discuss the system of judicial review of administrative affirmation though the idiographic analysis about the probability of bringing an accusation against administrative affirmation.This dissertation will start from the definition of administrative affirmation and its function in the administrative management. And then analyze the deficiency of China's system of administrative affirmation as well as the necessary of judicial review to administrative affirmation. Followed that, this paper is to table a standpoint that absorbing administrative affirmation into judicial review is its final trend though laboring about some representational probability of bringing an accusation against administrative affirmation using demonstration and comparative analysis. After these, the fundamental of judicial review to administrative affirmation will be disputed and then the analysis of their content and standard. In the end, this paper would qualify the judicial review to administrative affirmation to guarantee the balance of justice and administration. Summing up these narration, this document would contrive some advice and assume to perfect the system of the judicial review to administrative affirmation。...