Research On The Impact Of Standardized Judicial Review On The Administrative Litigation System

The standardized judicial review is the core of administrative procedure and acts,which like a main line running through from the beginning to the end of administrative actions, reflects the distinguish feature of the administrative litigation in China. According to the normal understandings and knowledge in the scope of legal science, the judicial review refers to the legal or not of administrative acts which judged by court, rather than the judgment of the requirement rationality of administrative acts.The standardized judicial review plays an initial role in the building of Chinese administrative litigation system. Respecting a conflict exists between the executive’s initial power to apply the law and the supervision surrounding this authority, and from the aspects of judicial environment and judicial theories to analyze the reason why setting judicial review as the main standard in administrative litigation, this necessitates the establishment of a standardized system of administrative litigation review. Explaining the expanding scope of administrative litigation reflects the specifications, progress development, and enriched purposes of judicial review. It will badly weak the influence of judiciary supervising the administrative acts if the judicial independence is poor and the way is blocked which to the public to solve executive disputes and defend their rights via administrative litigation. Setting judicial review as the main standard in administrative litigation is a choice which is non-alternative but the most judicious in China. Judicial authority only supervises the legalization of administrative acts and the rationality of part of administrative acts, which can limit the scope of judicial supervision and pre-prevent the illegal acts of administrative. There will be no negative effects only if administrative authorities behave via laws, which also help clean the way of judicial enforcement. The founding of standardized judicial review has great impact on the administrative litigation in China. On one hand, from the macro-aspect which reflected from the impacts on the purpose of setting administrative laws and the relationship between judicial power and administrative power. On the other hand,from the micro-aspect influences of standardized judicial review can be seen from the scope of law cases, the system of evidences, the procedure of judgment and the types of judgment. The scope of administrative cases’ margin and connotative meaning is depended on the standardized judicial review. The standardized judicial reviewimpacts evidence system from the distribute of the right of evidences revealing, and the standard of proving. The design of administrative litigation proceeding is also mainly evolved by the standardized judicial review. The standard of judicial review impacts the way of court judgment. Abiding by the administrative principle at first and then reasonableness when court leads to the type of administrative court judgment,which frame work is judgment canceling then judgment changing. Supervising the administrative acts by administrative litigation, forcing administrative authorities to enhance evidence consciousness, improve the system of administrative cases files,strictly abide administrative proceeding and solve problems during administrative acts, which can push forward the process of building administrative litigation.