On Judicial Review Of Administrative Discrimination

In each kind of discrimination behavior, the hazardous nature of administrative discrimination is biggest. The government implements the administrative discrimination, like making clear the world that the equal principle may not observe. How to role and regulate the administration discrimination, this article carries on the analysis to the elementary theory question of administrative discrimination, inspects the practice of the administrative discrimination judicattLre examination outside the territory, then after analyzing the administration discrimination judicature examination present situation in our country, proposes the series conception about establishing administration discrimination judicature examination system in our country.This article altogether is divided into four parts:First part of limiting the basic theory question of the administrative discrimination. The administrative discrimination is one of behaviors that the administrative organ does in the jurisdiction scope in its freedom, but deviates the laws and regulations goal, the principle and the spirit, and violates the equal administrative principle, then frigs the relative person legitimate rights and interests. The administrative discrimination violates the equal principle, belongs to illegal activity. The administrative discrimination mainly has two kinds of manifestations: Same level situation equal treatment and different situation equal treatment. The reason of the appearance of the administrative discrimination, one is objective reason that the power to decide the administration out of control, another is the subjective reason which is politics arranges. Moreover, the formulation and implementation process of the abstract administrative action also has the possibility to cause the administrative discrimination. The existence of the administrative discrimination not only violates the relative person's legitimate rights and interests, but also threatens to the social order stability.Second part of administrative discrimination judicature examination outside territory experience. It mainly introduce English, American, French and Germany's practice, regardless of in ordinary legal system England and US, or in mainland legal system France and Germany, because the equal principle all has the law origin status the administrative law, therefore the illegal nature of the administrative discrimination is obvious, So the above various countries implementing the judicial examination to the administrative discrimination is natural. Then this part summarize the enlightenment of outside the territory practice to our country to establish the judicial examination system.Third part of the suitable question of administrative discrimination judicature examination in our country. This part first introduced the related present situation in our country, next analyzed the reason that we has to carry on the judicial examination to the administrative discrimination. Our country's current situation is that the demand for real people to against discrimination is very strong. But the methods of the legislation surveillance and the administrative oversight at present to control the administrative discrimination have the limitation. The judicial examination to administration discrimination is a meaning that the government should have, and it has the right and the superiority.The fourth part, after analyzed our country present situation and the model territory experiences, the author proposes the series conception of establishing our country administration discrimination judicature examination system: First, the premise which we need to construct: entrusting the equal administrative principle the law origin status. Next, designs concrete system as follows: On the one hand, establishes the legal precedent system. On the other hand, expanded the scope of judicature examination administration discrimination behavior. Finally, establishes the standards of administrative discrimination judicature examination.