Research On Judicial Control Of Administrative Discretionary Power

Judicial control of power of administrative discretion is an important system in the field of administrative proceedings not only in our country but also in other countries, its own unique way to reasonableness review plays an important role in restricting exertion of executive authorities'power of administrative discretion and protecting administration in people aspects. There are some defects about this system in our current Administrative Proceedings Law, which result in abuse of power of administrative discretion of executive authorities in judicial practice, and theoretical circles have carried out many of the perspective. This paper also attempts to draw theoretical results of the rule of law in developed countries combined with the actual situation of our country and seek to improve power of administrative discretion judicial control system is conformity with the characteristics of our country. This article is divided into four parts. In the first part, by summing up and analysis the benefits exist in power of administrative discretion in social practice and the harm arising from the abuse of power of administrative discretion leads to the necessity of its control, and by comparing and analyzing the existing three main control modes shows that judicial control is the most effective control method. The second part is the interpretation for fundamentals and system content of judicial control of power of administrative discretion. First, analyzing its starting point of judicial control of power of administrative discretion and then discussing its scope, mode and intensity. The third part, the article inspects both theory and practice of judicial control of extra-territorial power of administrative discretion from the perspective of comparative law and analyses relevant legal systems of Anglo-American legal system and civil law systems, with a view of proposing new ideas and methods for research, reform and improvement of judicial control of power of administrative discretion. Finally, in the fourth part, according to the information available, the author analyses and considers the situation of judicial control of power of administrative discretion in China, puts forward the problems and shortcomings. And then on this basis, from the view of expanding the scope of the proceedings of cases, the author proposes innovative ideas and unique insights from some aspects such as gradually establishing administrative case legal system and setting up flexible and comprehensive judicial control standards.