The Fact That The Review Of Administrative Litigation In China

Relates to the intensity of judicial review is the conflict and coordination between administrative power and judicial power, its solution is to seek a balance between the two, and the fact that the problem is mainly reflects the judicial intervention of administrative power, the administrative organ that judges to identify take much respect. If the jurisdiction over intervention regime, will cause the arrogation of administrative rights of suspects, the exercise is not conducive to the administrative discretion, but if excessive indulgence agency discretion, and is not conducive to the rights and obligations of citizens protection, therefore, how to balance the relationship between the two is to consider the judicial the examination intensity. The present review research on questions of fact in administrative litigation of our country is relatively weak, China’s "administrative procedure law"on the question of fact the intensity of review is not legislation, thus caused the judicial practice operation is very confused. Therefore, studies specialized, systematic review of factual issues strength conforms to our country national condition, proposed the standard of review of factual issues and review intensity, can not only solve the confusion in judicial practice status, balance the relationship between judicial power and administrative power, but also can improve our country’s administrative litigation system. The purpose of this paper is to explore the fact of judicial review system in our country present situation and development prospect of the administrative litigation, and put forward relevant suggestions. The system mainly includes two aspects of content, fist, the court decided to review whether the administrative organs of the facts. Second, the court to the administrative organs of the fact that to what extent can review. Facts of the former is called judicial review, the latter refers to the fact that the problem of judicial review intensity. Fact judicial review intensity usually through the court to the administrative organ of the fact that the examination standard and examination way to reflect. The author first analyze case to reveal the necessity of this kind of discussion and research. And through to the outside circumstance of induction with regularity of knowledge can be used for reference. Through the above-mentioned "ought" and "reality" two levels of analysis, the author thinks that should perfect of facts in administrative litigation in our country the problem of the system of judicial review. Therefore, China needs to make efforts from the following two aspects, an audit standard system is to build a diversified, and the second is according to the characteristics of the administrative litigation to establish different intensity of judicial review. Finally through positive interaction to improve China’s legislation and the judicial court judicial review system of question of fact.