Research On Intensity Of Judicial Review Of The Issue Of Fact

The research of domestic academic in the intensity of judicial review of administrative litigation is rather weak. The Administration Proceeding Law in our country don't provide legislative support for court to examine the issue of fact, which resulting in operational confusion of judicial practice. By the systematic, specialized research in the intensity of judicial review of factual issues, this paper design pattern and standards of the intensity of judicial review of factual issues with real national conditions of our country, in order to solve a series of problems in the judicial practice, and be helpful to handle the relationship of judicial powers and administrative power correctly. At the same time it is also beneficial to promote the theory of China's Administrative Procedure Law developing in depth. Historical research, comparative studies, value analysis, empirical analysis and other methods are used to study the intensity of judicial review. In the basis of analysis theory concept, make use of the foreign experience,reflected the current situation of legislation requirement, justice practice and theory study about factual issues of judicial review of China, pointed out that China should build diversified factual questions strength standard of judicial review system, namely, the strict scrutiny test, a reasonable standard of review and due process standards, and use different review standard according to different types of discretionary actions and litigation types.