Judicial Review Of Administrative Abuses

This paper defines the connotation of administrative abuses, analyzes the nature of the abuse, to understand the current judicial practice, the courts use of "abuse of power" undo a specific administrative act of an administrative organ of the situation, to explore a suitable for China effective way of judicial review of administrative abuses carried out. The specific content of the various parts of the article are as follows:The first part describes the meaning of the administrative abuses and discrimination associated with the concept of the meaning of this part of the first sort of administrative abuses, the paper is dedicated to exploring the November 2014 revised "Administrative Procedure Law" in section 70 of the "abuse of power" by analyzing foreign countries recognize administrative abuse of administrative law, as well as analysis of domestic administrative law scholars to understand the meaning of administrative abuses, and we believe that this "abuse" especially grave abuse of discretion in the conduct, as its serious violation of legislative intent and the results clearly caused by improper, we believe that it is unlawful administrative acts. Also there is the general behavior of other abuse of discretion, that conduct did not constitute an offense, they can not be subject to judicial review. Followed by abuse and crime of abuse of administrative, executive and administrative abuse beyond the relationship between the executive authority and the abuse of power and improper conduct clearly distinct, so that both the difference between them and the crime of abuse of administrative abuse is also linked, beyond the terms of reference do not include administrative abuses, including; but obviously improper contact between the abuse and have, but there are differences, this article will clearly be attributed to improper offense category, it emphasizes the result of irrational behavior, and abuse of power In addition to causing an unreasonable result of the extreme, but also requires the presence of the executive in subjective terms such as intentional.The second part focuses on the nature and strength of the theory of judicial review of administrative abuses. The nature of the current academic administrative abuses there are three main representation theory:the law that says improperly integrated said administrative point of view of this paper is considered an illegal abuse of administrative action. Next article elaborated on the meaning of the intensity of judicial review, judicial review as an institution, is not the first judicial review of administrative but judicial review of legislation, the real judicial review system in the modern sense is originated in America’s founding Early "Marbury v. Madison" case. In our current administrative proceedings, judicial review of its strength mainly includes three forms, including review of the legality of the main principles, including abuse of power and improper obviously unreasonable two serious violations in the results, It also includes the principle of limited administrative act and perform re-make judgments and judicial decisions limiting principle changes. Here, we would like to stress:Standard intensity of judicial review and judicial review are two different concepts. Judicial review of certain specific criteria mainly determine the elements as a starting point to provide a workable perspective that may apply to specific cases when the trial court and the court to review the strength when selecting a certain criteria of the standard to be achieved the extent and depth, namely the executive and judicial discretion in respect of intervention.