Standard Of Judicial Review Of Administrative Discretion Freedom

In modern society, there is no doubt that the administrative discretion is in a very central and striking position. On one hand, due to the limitation of legislation and the richness of administrative activities, administrative organs are entitled to discretionary power to make up for the deficiency of legislation and adapt to the changeable society. On the other hand, executive power is naturally outspreading and the expansion and intensification of executive power has become one of the trends of the development of the countries around the world. Therefore, it can be seen that administrative discretion has not only penetrated into every pore of administrative activity, but also developed from entity discretion to program discretion. From the status quo of domestic and foreign studies, however, a large number of them are from the perspective of the macro integral theoretical argument, and focused on the design of the system of administrative discretion. There is a short of a systematic study as for the discretion itself and when considering the standard of judicial review of administrative discretion, the scrutiny criteria of operating regulation of discretion has not been established. Starting from the research of the operation of administrative discretion, the paper extracts the kinds of discretion that are consistent with the national conditions and expands the boundary of them. Based on this, the paper analyzes the current situation of China’s standard of judicial review of administrative discretion. Through full demonstration of judicial review in administrative discretion and the technics of judicial review, it vividly reproduces the interaction between executive power and judicial power, and discusses how judicial power can coordinate its independence and initiative in the changeful administrative discretion. In practice, seeing from the perspective of administrative adjudication, through the summary and research of the scrutiny criteria of discretion, the paper establishes different standards for the different stages of administrative discretion that should be adopted in courts, enhances the relation between executive power and judicial power, and guides the hearing and judgement of this kind of cases in courts in the future.