On Administrative Behavior Judicial Review Standards

Judicial examination power is a marrow of the modern administration of justice, it is the important authority that the modern nation judges a certain legislation or political behavior whether against the constitution or not through the judicial process. It is the important instrumentality that prevents the legislative power and political power is abused, and it is the important embodiment that the power restricts the power also.The judicial censorship of the modern age is the result that the western legal civilization developed for a long time; in the western countries separation of powers and judicial independence system make the judicial power of examination become the strongest supervisory manner to actualize the political power. Our country does not adopt the separation of power system and does not restrict power, contrarily, we should constitute a set of supervisory system and restrictive system that can really incarnate "all powers belong to the people". Under our national current constitutional and political system frame the foundational position of the judicial examination power of the People's Court not establish completely yet. The conflict and cooperation are concurrence in the judicature and polity these two main powers of our country, how to adjust them to the rational and proper position is a problem that to be solved urgently. In the political litigation, the political behavior that the political department makes in accordance with the law must pass through the judicial examination of the People's Court, this means that the power of the judicature restricts the power of the polity in a certain extent. The evident problem is what is the extent the judicial examination can operate, in another word is whatis the standard and measure to adopt.This article selected the standard of the political behavior of the judicial examination this conspicuous problem as the breakthrough point, divided three parts, has explained the basic theory of the judicial examination standard and has analyzed the judicial examination standard in our national current political behavior, and on this basis has discussed the problems what existed in the practice of our country, and has given some suggestions about perfect the judicial examination standard.First part , the basic theory of the judicial examination standard. Has put forward the judicial examination standard concept mainly, has pointed out the development of the judicial examination standard and the main mode what the other countries had adopted.Second part , the judicial examination standard in our national political behavior. Has expounded the current judicial examination standard of our country, those are the legitimacy and rationality standard, has compared our national judicial examination standard with the western countries, and has pointed out the speciality and the limitation of our national judicial examination standard.The third part , improving the judicial examination standard in our national political behavior. Through analyzed that WTO influence to our national judicial examination standard, explained the meaning of improving the judicial examination standard of our country, and has given the concrete suggestions.