Discussion On Abusing Administrative Power And Judicial Review About It

Abusing administrative power is an important content of the theoretical research of administrative law science. After " the People's Republic of China Administrative Procedure Law " regard it as the reason that the court tell into the concrete administrative behavior to cancel, the question that the abusing administrative power receives the attention of the academia further. Because the legislation of our country has not defined clearly the intension of abusing administrative power , in addition the phenomenon of abusing administrative power is very complicated, cause the academia of our country not to reach common understanding in the understanding of abusing administrative power yet so far. This kind of situation has been influenced controlling effectively to abusing one's power to a certain extent. In actual life, the phenomenon of abusing administrative discretionary power is existing generally in the administrative activity, and the control of judicial review is insufficient. This phenomenon is restricting improvement of administrative efficiency and process of democracy and legal system building seriously . The paper makes analysis and foundation on some basic theoretical question to meaning , nature, form of expression ,inscape,etc. and discusses emphatically how to control abusing administrative power effectively.