A Study On Judicial Review Standards Of Abuse Of Power In Administrative Proceedings

From the first appearance of the word "abuse of power" to the subsequent emergence of various views,the basic theory of abuse of power and judicial application has been a hot topic of experts and scholars.Along with the social development and progress,only stay in proposed the legal concept of the abuse of power has can't meet the demand of the development of today's society,administrative abuse behavior in the process of judicial application situation has become increasingly complex,connotation of the legislators for abuse of power has not made specific explanation makes some practical problems cannot be solved.Due to the ambiguity of the concept of abuse of power,in the process of judicial application,the abuse of power is avoided by the judge as the basis of the act of revocation.Faced with the urgent judicial status,experts and scholars have made a lot of research on this issue and reached a certain conclusion.However,this concept is still unclear at present,and there are still some disputes and problems in the application of judicial review standards.Therefore,this paper focuses that the author believes are controversial.Firstly,this paper studies the development and evolution of the legal concept of abuse of power,analyzes the academic views of experts and scholars,sorts out the links and differences of relevant concepts,and proposes an understanding of the concept of abuse of power.Second,collect and search relevant administrative litigation cases,select typical cases to study and analyze the current judicial status of the court's determination of abuse of power.In the process of judicial practice,the contradiction between judges' review of cases and the vagueness of review standards has been alleviated,but the judicial review standards of abuse of power still need to be improved.,and the existing problems and difficulties.Fourthly,make a realistic analysis of the judicial judgment of abuse of power and put forward relevant Suggestions for improvement.We should strengthen the theoretical research on administrative abuse of power,improve the legislative interpretation of abuse of power,supplement and refine the relevant legislative provisions,strictly standardize the judicial review standards for abuse of power,and develop and improve the judicial application of the judicial review standards for abuse of power.