Judicial Review Of Administrative Procedural Discretion

At present,due to the lack of a clear provision in China's law on the procedural provisions of a large number of matters,the citizens invoke due process requirements and require the most basic procedural rights to protect their own administrative rights Procedural discretion to review,how does court to review? This article is based on the judicial review point of view,for judicial review of the administrative procedure discretion,to explore what criteria should be applied.By comparing the Anglo-American law system and the civil law system on the administrative procedure discretion of the judicial review,this essay analysis the world's mainstream countries' review criteria,ideas to draw some useful experiences for our judicial practice.By extracting a number of typical cases on the Supreme People's Court Gazette,this essay analyzes the changes in the referee criteria in recent years and reasons for the current referee criteria.On this basis,this essay further clarify the difference between the legal procedures and due process,obviously improper and abuse of the existing verdict of the traditional misunderstanding,in order push the referee standard back to its proper function.According to the current lack of "administrative procedure law" reality and the urgent need of judicial practice,combined with China's 2014 "Administrative Procedure Law" new "obvious improper" referee standard,this easy put forward the need to "breach of due process" interpreted as "obvious Improper" situation,in order to establish the legitimacy and legitimacy of the dual judicial review standards.And further clarify the basic connotations of the "due process" that the administrative procedures need to follow.And from the perspective of fine judicature,according to the different degree of illegal procedures to use different forms of referee,the establishment of multi-level referee system,to seek supervision of administrative power and protection of civil rights balance,to meet the increasingly complex judicial practice needs.It is helpful to the court to adopt a lawful and reasonable way of judging,to supervise the executive authorities to exercise administrative power according to law,and to protect the basic procedural rights of citizens,to promote the progress of the rule of law.