On Judicial Deference

Study on Judicial deference originates from Angola American English law system. In the 1930s, judicial deference principle began in America and in the 1980's, it flourished in the administrative jurisprudence of Western Europe. The study is mainly about foreign administrative jurisprudence but in china, just relevant papers and works refers to the judicial deference and no systematic research focuses on this issue. This dissertation makes a systematic study on the concept, theory basis with law application to administrative department as the object, the research result of theory and practical experience in UK, US and Germany as a textual research, regulating the behavior of judicial deference in China as an aim and using historical, comparative and positive research methods.The whole dissertation falls into there chapters. The first chapter is a generalization about judicial deference. This chapter exposits the concept of judicial deference according to the subject, object and forms firstly and then analyze selectively the actual and theoretical basis of judicial deference about the specialization of administrative management, authorization of administrative authorities, administrative discretion and efficiency of administration and judicature. The second chapter is comparative analysis about the judicial deference in major foreign countries. This chapter analyzes the features of the behavior of judicial deference in major countries over the world and explores its profound significance to China as comparison of view. The third chapter is about regulation of judicial deference in China. In this chapter, it firstly analyzes the problems and causes of China's judicial deference and then focuses on the regulation of China's judicial deference in order to hopefully offer new thinking ways to improve the Administrative Procedural Law.