Theory Of Judicial Review Of Administrative Discretion Rights

The exercise of administrative discretion rights and control, has been each country administrative jurisprudence is one of the core contents. Our country to administrative law theories research startting evening, in recent years, with the rule of law and the administration by law, rule of law construction pace of increasing public demand was in judicial administrative theory system, gradually improving is at constantly improve of administrative discretion of the right of control theory study also become legal hotspot.This paper, through studying the judicial review of administrative discretion rights, analyzes the principle and standard of judicial review procedures and entities in China is put forward their problem, judicial review relevant legal provisions the insufficiency and the modification of the proposal. In the research methods, mainly through the comparison, and through some typical case studies and auxiliary card view.This article except the introduction, conclusion, text structure outside divided into four parts.The first part of administrative discretion rights abuses of the legal analysis. Mainly explains the meaning of administrative discretion rights and the existing problems, based on the necessity of administrative discretion rights exist is analyzed to show right of administrative discretion in social management and administrative law enforcement in the role. And simple summarizes the administrative discretion rights, namely the main problems of administrative discretion rights abuse problem, and cause analysis of administrative discretion, educed the discussion right on the judicial examination. In each country from judicial review, this article explains that the application of judicial review of administrative discretion rights to supervise and control the effectiveness and importance.The second part of the judicial review of administrative discretion rights foreignfiction investigation. In the modern countries, especially the western developed countries, administrative discretion must accept judicial review, not from judicial review of administrative discretion. Major western countries through different forms of judicial review to control administrative discretion rights abuse, has several hundred years of history, has already formed a more mature and improve the technology and methods of judicial review. Major western countries and Taiwan have established the connotation of the rationality of different records and formed review principle and their own style different theory, views, as the important theoretic support for judicial review. Through comparative study, puts forward we should adopt countries of Anglo-American law system of administrative legal experience, brought in use.The third part of administrative discretion rights in the theory of judicial review scrutiny. According to China's laws and regulations on administrative discretion rights for judicial review, the applicable review principles are always give priority to, rational principle of legitimacy review only limited in one kind of administrative behavior on the administrative umpirage. In review, the scope of the provisions of the law is confined to whether there is beyond their powers, abuse of power, violated the legal procedure and applicable laws of several cases, lack of more specific and detailed judicial operation based on it.The fourth part of administrative discretion rights in the reality of judicial review analyzed. China's judicial review exist in the current judicial system itself set defects, administrative power too strong characteristics of administrative discretion rights, judicial review still has quite difficult. This part of the judicial review and the analysis of existing problems, and puts forward the ideas to solve problems are discussed. Administrative reconsideration, as a kind of administrative discretion rights with the internal control method, judicial review principle and scope for on the relation and difference coexist, through comparing, thinking about how to give full play to the advantages of each one of administrative discretion, strengthen the abuse of right of control.