The Application Of The Principle Of Review Of Rationality In The Judicial Review About The Administrative Discretion

The expansion of administrative power, especially the administrative discretion, is an irresistible trend of the development of modern administrative law. The administrative discretion is the legal option of the administrative organization when exercising their power. However, because of this kind of “option”, the administrative discretion is easy to be abused. Thus, it is necessary for the advancement of the rule of administrative law to reasonably restrict the administration power of discretion. Justice is the final guarantee of the realization of social equality and justice. The judicial review of administrative discretion is an effective supervision to the administrative power and to a large extent a protection for the legal interest of administrative counterparts. When exercising the administrative discretion, the administrative subject performs the option, which is conformity with law. Therefore, the investigation of the administrative discretion through judicial methods is based on its rationality. However, what is rationality? How to define the principle of review of rationality? These questions haven’t been solved yet. The word “rationality” itself has fuzziness, so it is difficult to give a clear and rational definition. Furthermore, every country has its own national conditions and legal systems, it is almost impossible to give a uniform definition about rationality. In our country, the administrative procedure law before revising clearly defines the principle of review of legality and shows the principle of review of rationality only in legislation. After the revision, both the article 70 and 77 of the administrative procedure law make a further definition about the principle of review of rationality.it is satisfying the needs of our juridical practices. The administrative procedure law not only plays a supplementary and developmental role in the principle of review of legality, but also possesses an independent value in the development of our rule of administrative law. In the form of case study, this article gives an example about an appeal case, which is the administrative penalty on the trademark infringement of Suzhou Dingsheng Food Company. Meanwhile, this article introduces the general information about this case, gets the legal dispute focal points and then analyzes and studies them. What’s more, this article mainly focuses on the issue that is the application of the principle of review of rationality in the judicial review about the administrative discretion and based on the previous study gives a further analysis about the principle of review of rationality. Thus, this article can be divided into three parts:Part one gives a brief introduction about the basic case and its legal dispute focal points. Through the further study and analysis of this case, I have summarized two legal dispute focal points, they are whether the administrative penalty is legal and whether it is rational, among which the rational issue is the main point.Part two gives a legal analysis about the case focal point. It mainly focuses on two aspects, one is the appeal and defence of the appellant and the appellee about the administrative penalty of Suzhou Administrative Bureau for Industry and Commerce, and the other is the affirmation of the court to the administrative penalty of Suzhou Administrative Bureau for Industry and Commerce. It gives a brief analysis about the legality of the administrative penalty and analyzes its rationality mainly from the perspective of justice.Part three gets the conclusion, which is the application of the principle of review of rationality in the judicial review about the administrative discretion. It mainly explains from the legal perspective of the principle of review of rationality, including such three aspects as its basic conception, criteria and its application in judicial practices.