The Judicial Review Of Administrative Acts Of The Fact That The Strength Of The Study

In the age of intensifying administrative functions and the rising people's awareness of rights, how to coordinate the relations between judicial power and administrative power and protect the legal rights and interests is the core question of the modern judicial review of all countries. If we regard the judicial review of administrative action as coordinate system, the scope of administrative cases accepted by people's court is the horizontal axis, the scope of judicial review of the sued administrative action is the vertical axis which reflects the deepness of judicial power stepping into administrative power and directly reflects the core question.The formation of administrative action can be basically divided into two stages i.e. determining facts and applying laws. The entire range of judicial review shall include the review of determining facts and applying laws. All countries basically adopt the same scope of judicial review in respect of legal question of administrative action, while they employ different attitudes towards the judicial review of facts question, which forms the differentiation and confrontation of administrative procedural system. In view of facts question, the English and American countries consider the administrative organs are specialists and respect the conclusion made by administrative organs in the administrative procedure, while the countries representing continental legal system fundamentally don't allow courts to lower the scope of judicial review of facts questions, considering the specialized advantages and procedural convenience. In view of the various kinds of facts question, the administrative procedural law of our country adopts the strict, objective and true review standard. So this inflexible monism has occurred much malpractice in the judicial practice and its defects are obvious. Therefore, how to establish a suitable standard of facts question in our country is a subject worth researching.This thesis intends to put forward suggestion perfecting the judicial review standard of administrative action in our country, by investigation and reconsideration of other countries'legal system and our relevant system. That is to say, we may adopt flexible judicial review standard system by differentiating facts and laws, and by combining our country's actual conditions.This thesis is composed of three chapters. Chapter 1 is theoretical analysis of facts question of administrative action. This part defines the concept, characteristics of factsquestion of administrative action, and intends to differentiate the facts question and legal question, and puts stress on analyzing the relations between facts question and administrative discretion. By theoretical analysis of facts question of administrative action from various aspects, the thesis puts forward the proposition that the process of defining the facts is essentially the process of administrative discretion, thus laying a solid theoretical foundation for establishing the standard of judicial review intension of facts question.Chapter 2 is about the research on the facts question of two law system i.e. Anglo-American law system and continental legal system. This part mostly elaborates the attitudes towards facts question by England, America, the representative counties of Anglo-American law system, and Germany and France, the representative counties of continental legal system, and reveals the developing trend of foreign countries'judicial review of facts question, and analyzes the reason for different attitudes towards facts question by two law system, and tries to find the similarities of two law system's scope of review, thus hoping to provide useful reference for establishing the reasonable scope of review in our country.Chapter 3 is about the investigation and reconsideration of facts question of administrative action in our country. This part analyzes the current scope of review in our country and its defects, thus pointing out the malpractice of this monism judicial review standard. By combining the actual conditions of our country and the concrete practice of the representative countries of two law system, the thesis intends to establish the regulatory, reasonable and strict judicial review standard of facts question of administrative action in respect of differentiating the kinds of administrative proceedingsIn condition of the fact that the academic circles of our county currently has not attached much importance to the research on the judicial review of facts question of administrative action, the thesis attempts to establish the standard of judicial review of facts question of administrative action, based on comparing the actual conditions in our country and foreign countries'relevant research results, thus promoting the maturity and perfection of our country's administrative proceedings system.