Judicial Review Of Administrative Discretion

Administrative discretion is an important part of the executive power, plays an important role in dealing with social affairs to the executive authorities. The powerful natural expansion of administrative discretion is likely to be abused, how it can be an effective limit is an important issue for all countries to actively explore. Means limited to administrative discretion, judicial review is the most effective way. The judiciary can apply rigorous reasoning, precise application of law to make a reasonable constraints on administrative discretion, administrative discretion not only to achieve the purpose of settlement of administrative disputes, without the legitimate rights and interests of the executive relative to inflict harm. However, due to our country by the impact of traditional values and the constraints of the basic national conditions, the control of administrative discretion has been unsatisfactory, the abuse of administrative discretion in the administrative act is quite common, therefore, necessary to further clarify the administrative discretion of judicial review related issues, and ultimately make it play a role on the right track.In addition to the introduction and conclusion, the article is divided into four parts:The first part of the general theory of administrative discretion and judicial review. Introduces the concepts and types of judicial review of the meaning, significance and theoretical basis of the basic concepts and theories of administrative discretion.The second part is the extra-territorial investigation and revelation of the judicial review of administrative discretion. Selected the common law system in the United Kingdom, the United States and the civil law of Germany, France, the sample analysis on the Two national legal provisions and practical model of judicial review of administrative discretion, and summarizes the relevant provisions of the Two countries on China inspiration.The third part of the judicial review of administrative discretionary status and problems. Through a system of judicial review of administrative discretionary legislation, practice analysis, pointed out that China still unscientific review of principle, lack of breadth and strength enough, the standards are not clear and the referee single way.The fourth part is the reform and improve the judicial review of administrative discretionary. Related problems that exist in the judicial review of administrative discretion, the principles of the review of scientific setting, and broaden the scope of accepting cases, the focus of review of legal issues, detailed review standards and conditions applicable to the mediation, such as improving recommendations.