Study On Standards Of Judicial Review Of Specific Administrative Acts

The power of judicial review is an important power used by modern states to supervise a legislative or an administrative action which is unconstitutional in the judicial process and the essence of the modern judicial power; It is an important means to prevent abusing legislative or executive power and a typical example of checks and balances. "Checks and balances" is a philosophy of constitutionalism generally recognized by modern democracies, which is reflected in the administrative litigation for the judicial supervision of administrative power.Judicial review is the product of long-term development of civilization of modern western legal system. The system of checks and balances and judicial independence principle of Western States make the judicial review be the most powerful methods of supervision to the executive power. China does not adopt system of Checks and balances, which does not show not to restrict the power. On the contrary, China should establish a truly system which reflects "all power belongs to the people". The equal status of judicial power and executive power established by constitutional system decides standards of judicial review that is the "control valve" between the executive power and judicial power, neither too loose nor too strict. That judicial review should be down to an appropriate level and have appropriate standards and criteria. Since the limitations of theoretical development and practice of constraint, the standard of judicial review of the Administrative Procedure Law are only superficial and outline, far from meeting requirements of supervising the complex administrative actions in the social transition, so that judicial impartiality and authority of trial reduce and administrative jurisdiction are questioned. Well known, the development of theories guides practice, success or failure of practice is decided by the theoretical level in some way. Studying standards for judicial review of specific administrative acts is for rich theories of Chinese administrative litigation and guiding practice of judicial review, which is of great significance.This paper selects the outstanding problem--standards for judicial review of specific administrative acts as the starting point. There are four important parts which partly expounds the background of standards of judicial review, fundamental theory of the standards for judicial review of specific administrative acts, standards for judicial review of the U.S and Chinese standards for judicial review of specific administrative acts. The first part introduces the background of standards of judicial review and development in China. The second part introduced the conception of judicial review and standards for judicial review of specific administrative acts, philosophies and related factors that impacts judicial. The third part investigates standards for judicial review of the U.S. and Germany from the horizontal and vertical angles. The last part discusses some rules on standards for judicial review of Chinese Administrative Procedure Law. Then the author gives some opinions and put forward the idea of perfect on the basic of advanced experience of the U.S., such as judicial interpretation and administrative case.