Research On The Judicial Review Of Agency Inaction In America

Since1980s, China’s administrative law scholars researched the American administrative law from translating and introducing the basic system of framework to exploring the history and the development trend of these system, which was across three periods of the hard time, taking shape time and boom years. However, in the writings of U.S. administrative law literature, little research involved the agency inaction and its judicial review, to some extend it is because judicial review on agency inaction is still a confusing areas.Based on this, the article preliminary attempt on the agency inaction and its judicial review. It will decompose the basic problem in the field of agency inaction of judicial review into small ones,involves a brief review of the situation of the different periods of American judicial review, analysis how the agency inaction produced and the reluctance of the courts to review the background. With the interpretation of the typical case law,explores the obstacles encountered by the Court to review their respective review attitude and standard of review to show the court is not as different types of distinction rigor. Finally, with the update of administrative law theory and practice, the agency inaction has emerged as a positive review of the judicial review. The first part of this paper describes the field of judicial review on the different administrative law period in the United States, especially after the New Deal, combe the field of judicial review that the United States courts focused during the traditional model, experts control model, interest representation model and analytic management of regulation model.The article also analysis the impact of judicial activism and judicial restraint on the change of judicial review.The second part describes the system of judicial review on agency inaction, from the perspective of law norms and hermeneutic p, analysis and compares the concepts and definitions of the agency inaction, and explains the social background that agency inaction produced. On this basis, the second part also introduces the provisions of the Administrative Procedure Act on judicial review.of agency inaction.The third part first comb the change of the attitude on administrative action from unreviewable to reviewable, and then discuss the courts taking a conservative attitude-reluctant on judicial review on agency inaction, which mainly reflected a classic case of Heckler v.Chaney in the Supreme Court. Finally, in this section of the judgment in that case was full of critical interpretation.Following the logic of the third part, the fourth part carries out the analysis of why the courts was reluctant to review, interpret the consideration of the court from the theoretical level and institutional level, highlights the three standards of standing of plaintiff, finality and agency discretion that the courts focused on the review of agency inaction, which are the core of this article.Fifth part reposition the viewing angle to the the Chaney case mentioned earlier.Guided by the limitation of this case judicial review,this part discusses the different attitude on non-rulemaking, as another important area of agency inaction, the courts take relatively more liberal attitude on non-rulemaking.The article concludes the recent administrative judicial review attitude positive steering, academia and the court itself increasingly have higher requirements on change as the voices of the negative attitude of the judicial review, reflecting the trends and direction on agency inaction of judicial review in the future.