Research On The Standard Of Judicial Review Of Administrative Litigation

The ultimate purpose of this writing is standard of judicial review of administrative proceedings, to further deepen the understanding of this issue, and then to help rebuild the standard of review of administrative proceedings. In this paper the structure is divided into five parts:The preface and first chapter of the Introduction to part briefly discusses the value and significance of this study, the value of the theory and practice of research, the status of the study, research ideas and research methods, and the basic structure of this article.The second chapter introduces the basic theory of the standard of review of administrative proceedings. In this chapter first discusses the concept of standard of review of administrative proceedings and the standard of review and administrative litigation, and further elaborate the basic idea to determine the standard of review of administrative proceedings, to decide on administrative proceedings the standard of review three general concepts and focuses on special philosophy, on this basis, described the factual elements and concepts of the standard of review of China’s administrative litigation.Chapter Ⅲ, the standard provisions of the Administrative Litigation Review and defect analysis. This chapter primarily through the specific requirements of our existing laws and relevant judicial interpretation, analysis and full and comprehensive overview of the current Administrative Procedure Law of the provisions of the administrative proceedings to review the standard form and the applicable conditions, highlighting the practice of Administrative Litigation in China, after Court a question of fact, legal issues, administrative procedures, discretion in the trial of specific cases in operational methods, and thus summed up the shortcomings and deficiencies of the current Administrative Procedure Law provisions of the standard of review of administrative proceedings obtained the legitimacy of the limitations of the standard of review in the standard of review of China’s administrative litigation, a reasonable standard of review is not the fully established, but also the lack of some special classes of standard of review of administrative acts, which are caused by poor legality of the court in the judicial practice, can not effectively supervision of the executive power run in the sun under the rule of law.Chapter IV, a comparative study of foreign administrative proceedings standard of review. In this chapter the rules of the standard specifies its theoretical introduction of the new developments in the review of administrative proceedings of the Two countries and regions, as well as the World Trade Organization (WTO) rules judicial review of administrative action requirements, abstract foreign administrative proceedings the standard of review system the contents of the reference to China, in order to facilitate the standard of review of administrative proceedings for further improvement and development.Chapter V and the conclusion to reconstruct the idea of standard of review of administrative proceedings. Beginning of this chapter to inspect all kinds of theories on China’s current administrative proceedings to review the standard theory evaluation, and from a practical operational level is an analysis of the drawbacks of the current Administrative Procedure Law on the "correctness" standard of review, and then come to our country administration standard reconstruction of the proceedings in a specific direction, that is, should set up its own administrative proceedings of the dual standard of review system. The final design of the system is combined with foreign administrative proceedings standard of review and new development trends, it is recommended that China’s administrative litigation review of the three review criteria should be added in the standard system. Conclusion to sum up this article on the conclusions and recommendations of the standard of review of administrative proceedings.