Research On The Scope Of Judicial Review Of Administrative Action In America

Although each country's specific representation is a different, the scope is an especially important element in the litigation system, determines a country's judicial authorities to review the scope of the administrative act, reflects a country's judicial authorities on administrative power of supervision; it also reflects a country's judicial on citizens of the rights of the individual level; even some countries believe that the jurisdiction of the administrative procedure shows one country judicial, Executive and the legislature to the Executive authority level embodied by the Division of labor, So the jurisdiction of the administrative litigation system is a very important content, having a bearing on other systems and administrative litigation.the scope of the administrative litigation is not uncommon for academic achievement, but using comparative method, exploring other overseas countries, particularly seeking judicial theory developed in the United States its judicial review of administrative acts,with having different historical backgrounds and cultural traditions of the two countries for a range of litigation relating to the contents of what sense of similarity and difference, and from the case law of the State's judicial precedents set about to perusal the similarities and differences of the two countries in judicial review of administrative acts, there are very few scholars who dabbled in this problem in domestic. I would venture to suggest a shortcoming, adding my own little puzzle fear disclosure, wishing professional criticism.This article is divided into five parts:The first part is the introduction section, which I put forward this article as long as the research questions, existing research results and the innovations and numerous in this article..The second part of this article defines and differentiates some concept, such as judicial review, judicial review of administrative acts, the scope and strength. This is the premise of our solution to the problems, only the basic concepts are clear, then the retical analysis and investigation are both valid. The third part is about the American judicial review of administrative acts. With the transition from Sovereign immunity to the principle of assumeing being tested in the United States.The United States began judicial review of administrative action, experienced Roosevelt's new deal in the 20th century, the promulgation of the federal procedural law,60,70's,60's until 1984, from 1984 to now.And each stage of the judicial review of administrative acts in the United States has its own characteristics.Part four is seeking the reason why judicial review of administrative acts in the United States has rendered so change, including judicial concept of reason and the judge's choice between the public interests and the personal interests in specific case. The judge may come to different conclusions in a different perspective.Part five majors American inspiration to China on judicial review of administrative action. Although we do not give binding precedents, insisting on the traditional framework of making law, we can still play the role of judges, using their expertise to expand the scope of the administrative procedure, so as to expand on the executive power of supervision and protection of citizen's legitimate rights and interests.