Judicial Review Of Administrative Discretion

Administrative discretion has always been a hot topic in the field of administrative law, it gives the Administrative authorities a lot of autonomy, how they make it to monitor so that it could not be "a runaway horse" has been a hot administrative law issue. Our research on administrative discretion despite a late start,has developed rapidly. The concept of administrative discretion, the structure of administrative discretion, administrative discretion and other aspects of the supervision system have been deeply studied, but in the research of intensiveness of review" was given little attention.In the judicial supervision of administrative discretion, the scholars are more concentrated in demonstration of the standard of administrative discretion in judicial review, and focused on the demonstration of the effect of administrative discretion and give little attention in the legal part. Therefore, this article is mainly discusses the judicial review of administrative discretion in its legal part of the judicial review and from the aspect of strength intensiveness of judicial review.Paper is divided into five parts, first part describes the basic theory of administrative discretion, the concept of administrative discretion has defined.Author claim to understand the concept of administrative discretion in the dynamic application of law,and discussed the characteristics of administrative discretion and it's actionability. The second part introduces the theory of the intensiveness of judicial review and makes a distinction between the concepts of judicial review and the standards of judicial review. The third part introduces the theories in Western countries and give a comparative analysis of the reasons of their differences. The fourth and fifth part introduces the status of judicial review research in our country, and analyze its shortcomings and try to give ideas and a outlook to improve our intensiveness of judicial review system from this two aspects:the facts discretion and the legal discretion.