Judicial Review Of The Legal Concept Of Undefined In Administrative Law

The judicial review of the concretization of the uncertain legal concept in the field of administrative law involves the competition between the administrative power and the judicial power.On the one hand,with the principle of administration by law and ruling the country by law,efforts should be made to form a situation that the court could comprehensively review the administrativefield.On the other hand,the judiciary is not as professional as the executive branch in the management of state affairs,so the legislature gives the executive a certain power of free judgment through the uncertain legal concept of administrative law to enable the executive branch to bring its own expertise in the field of the management of state affair and individual cases.Therefore,the judicial review of the legal concept of undefined has become an area that scholars want to study in depth.This paper sums up and summarizes the problems existing in administrative litigation to consummate the indeterminate legal concept judicial review.It is divided into five chapters:the first chapter defines the concept and connotation,and then classifies it,divides it into empirical uncertain legal concept and value uncertain legal concept,introduces its historical origin from the continental law system and the Anglo-American law system,analyzes the relationship between the uncertain legal concept and the administrative discretion.In order to prevent the executive branch from using the name of discretion and evading judicial review,Uncertain legal concepts and administrative discretion should be strictly distinguished.In chapter two,according to the different types of uncertainty legal concept,the concrete ways are also different.The legal concept of empirical uncertainty can be concretized by quantitative method and expert opinion,and the legal concept of value can be concretized by value judgment and principle supplement.In chapter three,with the aim of ruling by law and the principle of judicial final adjudication,this paper analyzes the principle of judicial review of the legal concept of undefined and the judicial review restriction from the principle of legitimacy and the principle of rationality.In chapter four,this paper analyzes the strength of judicial review to draw a conclusion that some concepts should be used with Self-deprecating review.The author thinks that the concepts in the prediction decision and risk assessment,such as the food safety risk assessment,the bond price fluctuation risk assessment,the risk warning,should be used.The concepts in the high personal nature professional judgment,such as the civil service law judgment to the person characteristic,ability and quality,various selection tests,should be applied.The concepts in decisions Of the field of education,such as the admission of students to institutions of higher learning,various sanctions,and the final binding judgment made by the Independent Expert Committee,can be used in the Self-deprecating review.