Comparison Research Of Chinese And American Judicial Review System

Judicial review is a legal system that judicial department declares the invalidation of unconstitutional laws and regulations by reviewing the law, regulations established by legislatures and administrations and corrects the other irregular activities by judicial judgment, so that the implement of constitution can be maintained, the legal rights of citizens and juridical persons can be guaranteed indeed. Judicial review system is one of the most important legal systems that adopted commonly in modern nomocracy countries. By far, more than 70 countries in the world have established such system. Because of the differences of constitutional system, history, cultural tradition and social economic condition, judicial review system every country adopted is different in form, content, object and scope. As the adoption of judicial review system affects every social and political area widely, it is not a single legal system in fact, but belongs to the political category of the whole country. This thesis makes a research of America that established such legal system first in the world and our country to definite the meaning of judicial review, distinguish some easily promiscuous conceptions and compare the background, legal basis, scope, domination system, principle and standard of the two country so that the revelation can be got to give some advice to the perfect of judicial review system of our country. And the modification aim and emphases of administrative litigation law are commented simply to make a little theory contribution to the progress of our country's legal construction. For the development of every country's judicial review system nowadays, we have to perfect our judicial review system according to the real situation of our country and keep the promise after entering WTO to ensure the development of our country, peace of the society and legal rights of citizens.