A Study On Intensity Of Judicial Of Administrative Actions

Though great progress has been made in the system of administrative litigation in china over the decade, there still exist many problems, one of which is the intensity of judicial review by the court to administrative institutions and the difficulty for the citizen to bring in administrative litigation.One problem concerning administrative litigation is the conflict between and the coordination of administrative power and judicial power. This relation is found not only at the horizontal level of the scope of cases but also at the vertical level of the intensity of review. Starting from the research into the law of administrative litigation, the present paper is intended to explore the intensity of the court's review over administrative actions in administrative litigation.The analyses go as follows: First, the relation between the court and the administrative institution is examined from a theoretical perspective. A theoretical generalization is done to the intensity of review. To be more specific, the basic issues of the intensity of review are specified in such respects as the definition of the intensity of review, analyses of its nature and the consideration of relative factors. Second, different attitudes of different countries towards the intensity of review are analyzed comparatively. The judicial review system and relative theories abroad are more fully developed and more specific. Anglo-American legal system countries and continental legal system countries are, to some extent, different in their attitudes towards the review over the issue of fact and the issue of law. In studying the judicial review system abroad, we should take into account their different social background and law basis. Third, departing from the existing legal provisions and judicial practice in our country,the paper presents the problems in the intensity of review in our country some of which are: The court's review over administrative actions is weak and the court's authority is not fully revealed. Reasonable intensity of review lies in the reasonable disposition of administrative power and judicial power. We should attach importance to the court's authority in the course of future administrative litigation and make the basic principle come true that judicature is independent. The certainty of the intensity of review should be ensured and hence a coordinate relation between judicature and administration would be established. Apart from the above three points I have mentioned, the author has also discussed the intensity of review about the issue of law and the issue of fact.The author hopes the paper can throw some light on the research into the intensity of review in administrative litigation in our country. On the basis of the analyses of some related issues abroad, a standard of specific court's review in administrative litigation is hoped to be established and the system of administrative litigation in our country be ameliorated.It is of theoretical and practical significance to establish a mode of intensity of judicial review appropriate to our country in reconstructing the relation between the administrative power and the judicial power, ensuring the citizen's right of litigation and in doing administrative work according to law.