The Study On Judicial Review Of The Technical Standard In Administrative Proceedings

The technical standard,simply speaking,is referred to the standard in some domain of the technologies.The essence of the technical standard is the regulation,which is divided into two sides including administrative regulation and professional regulation.In the proceeding,different regulation has different effect.And it is not based on the compulsory and sometimes it is just like what the laws and regulations do.According to the embarrassment role in the routine lives,it is important to study the technical standard.In the administrative proceedings,the technical standards exist in two forms which are the administrative action basis and the appraisal conclusion.The article 53rd in the administrative procedure law pointing out that "In handling administrative cases,the people's courts shall take...as references",which is the basis of the judicial review for the technical standard.When the people's court is handling the case which is referred to the technical standard,it can choose the suitable standard according to the "as references",the court take judicial review for the technical standard except the laws and regulations formulated by the state council or the central govermnent.Some are legitimate,reasonable, then confirm and use them,or declare them illegal and abandon them.It is can't be denied that the Judy is professional at the law problems and not the expert of the technical standard.Based on this,the thesis introduces the expert assistant system by regarding the similar system in America.In administrative proceedings which involve the technical standard,the Judy deal with the standard made by,the formulation procedure,and the essence of the standard which is reasonable or unreasonable depends on the assistant expert.