Research On The Judicial Control Of Administrative Power

In the modern state, power is gradually moving in the direction of the development of more powerful. Especially for the executive power, it is especially true. In fact, in the early capitalist society, the executive power is not so strong as now, when the government does not actively highlight its presence in social life, just to play the "night watchman" role to a negative attitude to maintain social order. And now, the government as an active participant in social life, not only plays a negative role in the maintenance, but also on the economic and social development were proactive intervention, positive reconcile all contradictions in social life, in order to promote social development and welfare of the people as duties. In the legal field, and to adapt to this change is mainly reflected in the administrative law, administrative law that gradually shift from passive to active administrative law, the government initiative, such as strengthening of economic regulation in the economy, to promote the progress of science and technology, actively strengthen the construction of public infrastructure, etc., which are reflected in our presence Administrative positive social life. In our political power structure, the executive power is in a very strong position, the executive control of the vast majority of social resources, coupled with the lack of administrative power external constraints, the relevant supervisory system is not perfect, it also resulted in the executive power can easily be abused to infringe upon the rights of the situation is not optimistic. In Western countries, the judiciary enjoys the right to judicial review, and take this to be supervision and control of the executive power. In China, although the Constitution and the law does not say that the right of judicial review, but the administrative supervision of the judicial power also has a clearly defined right. Supervision of judicial power to the executive power has sufficient theoretical and legal basis, and have significant value and role, and therefore to restrict the jurisdiction of the executive power with the necessity and feasibility. This paper describes the theory of judicial and administrative powers of the constitutional relationship between the location and the Western powers constraints, in a detailed comparison of the two foreign control mechanism on the basis of the right to put forward the author has some understanding. This paper is divided into six parts, structured as follows:In the sense of "Introduction" section, the author of this study, background research, and research ideas and innovations to make a simple Dynasty.The first part of that is outlined in this article, the executive and judicial powers to be analyzed by the line, pointing out the views of this article.The second part introduces the theory of power constraints in Western countries, and analyzes the feasibility and necessity of judicial power constraints on executive power carried by the line of its constraints, the final analysis of judicial power constraints which reflects the value of executive power.The third part analyzes the constraints of judicial power and the executive power of the legal mechanisms control mechanism Western countries, focusing on comparative study of China and Western countries on the mechanism of judicial power by restricting administrative power lines.The fourth part of the basis of the text on the previous analysis, put forward their own understanding of the main factors which restricted the analysis, and further improve our jurisdiction to make a few suggestions constraints on executive power of judicial power, the executive power constraints.this article gives a brife epilogue on the summary...