On The Process Review Method Of Administrative Act

Faced with the increasing specialization and complexity of administration,such as the review of administrative acts involving scientific uncertainty and policy decisions,the administrative organs cannot prove the legality of their acts through the proof of the results,since the physical results are unknown and predictable.The substantive review will not only meet the bottleneck because the result is unknown,but also have jurisdiction over the executive power.The procedural review is too simple,which is not conducive to protecting the public interest.On the one hand,the court needs to respect the judgment within the professional scope of the administrative organ;on the other hand,it cannot give up its review responsibility.In the face of this dilemma,the United States has developed a new method of judicial review.The process review focuses on why the agency came to this conclusion.Process review,also known as the reasoning process or decision-making process review,to distinguish from procedural review,substantive review.The essence of process review is to explore the mind process of the decider.As is known to all,the first Morgan case established the principle that those who decide must hear,and those who decide must consider carefully the evidence provided by the parties on the basis of the record of the hearing.But the principle of "not being able to explore the decision-making process",established in the fourth Morgan case,made it impossible for the court to question whether the chief executive had seriously considered the hearing material.This means that administrative organs' discretion consideration based on professional technology,policy,experience,etc.becomes something that people cannot consider,thus creating conditions for their abuse of administrative discretion and being unable to accept judicial supervision.However,the "overton park case" in 1971 proposed that the judicial review of administrative acts should be "searching and careful".Administrative acts cannot avoid the "thorough,probing and in-depth" judicial review,which means that the reasoning process of administrative organs must be subject to supervision.On the basis of the records and descriptions of the executive body,the court must be able to see why the administrative body made such a decision,otherwise the administrative decision of the executive body will not pass the review of the court.The content of the process review mainly involves the following three aspects:(1)the reason given by the administrative organ should be sufficient and reasonable;(2)administrative organs should take into account various relevant factors when making administrative decisions;(3)the "reasoning process" for administrative organs to make administrative decisions should be complete,sufficient and rational.China's judicial practice,there exists the judge don't even know it used a process review of typical cases,has also failed to improper applicable process review case,just not to pay attention to our theory and refined,we can from the experience of extraterritorial advanced country under the rule of law in China to establish process judicial review to examine the new method,enhance the rationality of administrative act,promote the rationalization of the administrative process,administrative action the acceptable degree of ascension.In short,process review aims to urge administrative organs to realize the importance of justifying administrative decisions.It is a moderate method of judicial review,which overcomes the disadvantages of procedural review and avoids the possible "excessive review" caused by substantive review.