The Judicial Review Of Administrative Procedures Discretion

With the rise of administrative discretion，the regulation means of administrativeprocedure discretion has become a hot topic in the academic circles. But the the blindspot of procedure discretion and the weakening tendency of judicial review has become amajor omission in the hotly debated topic of procedure discretion. In fact，through206typical cases of administrative procedure discretion，we can find that administrativeprocedure discretion not only exit in every corner of administrative law，but also the formof expression is diverse，including “selection of the type of administrative procedure”、“administrative procedure discretion in the characterization of Administrative act”、“procedure selection in the discretion ofApplicable law”、“procedure selection in theuncertain legal concept”. With the help of the court verdict and the analysis of the case，we can also understand the judicial review in procedure discretion，the court in theprocess of judicial review change the passive role，not only break the bottleneck oftheory，convert the form of legitimacy to review the rationality in essence and developjudicial activism fully by the concept of administrative principles，but also use “thestandard of discretion abuse”、“the standard of over legal line”、“the standard ofadministrative omission”to regulate the behavior of administrative procedure discretion.Obviously，The court not only play a key role in the control of administrative procedurediscretion，but also maintain the balance of power characteristics and judicial independencein the age of nations. This is not only the prove of separation of powers， but also providea new direction to the develop in both theoretical and practical fields.