Administrative Discretionary Judicial Intervention Marginal

China revised in 2014 "People’s Republic of China Administrative Procedure Law" compared to the 1989 edition’s for the judiciary to enter the field of administrative discretion to provide a more extensive legal support, which makes judicial intervention Chief the impact of further expansion of discretion. This article comparing the common law and civil law on administrative discretion judicial intervention theory and practice of China’s administrative to make an empirical analysis of judicial intervention, to clear China’s judicial intervention margin of administrative discretion. Realistic question of administrative discretion of judicial intervention appears marginal classification studies to clarify the judicial intervention on the scope and extent of administrative discretion marginal established mechanisms and measures different mechanisms. Executive power constraints require judicial power, judicial power in restricting the right of the executive power but also for the administration of their own judgment sufficient space. In order to achieve state, the judicial power and the executive power to maintain checks and balances, judicial intervention for administrative discretion clear margin has urgent needs.Firstly, starting from concept, through the analysis of administrative discretion and the extent of the limits of judicial intervention, which points out the necessity of the study conducted. Rights "People’s Republic of China Administrative Procedure Law" were revised in 2014 and subject to the scope of administrative litigation ca ses has been expanded, and its most important change was to increase the content of Article III allows citizens has been the administrative proceedings further guaranteed. Then from the Anglo-American law and civil administrative discretion marginal status of judicial intervention in a series of theoretical analysis. Back in China, or an executive and the judiciary when the common law and civil law would have administrative discretion judicial review system, the study of their administrative censorship can give China for research related systems provide good reference. The next part to China’s current administrative discretion marginal problems of judicial intervention conducted a series of analyzes, to be able to identify existing problems and better suited to establish the status of China’s administrative discretion of judicial intervention margin. Finally, there is the problem of China now exists solutions, and establishment of appropriate administrative discretion of judicial intervention margin.