On The Strength Of Judicial Review Of Administrative Punishment

The highest frequency of use of administrative punishment as the specific administrative action. The sanctions, one of the most serious infringement of the rights of citizens. According to the provisions of the administrative procedure law, article eleventh, citizens, legal persons and other organizations to detention, fine, rescission of a license or permit, order to suspend production or business, confiscation of property, it may bring an administrative lawsuit to the people’s court, that is the administrative litigation of the door is open for the relative person refuses to accept the administrative punishment, but after entering the door, how should the court review of administrative punishment, reviewed to what extent and become worthy of our research questions. This paper is divided into four parts, the first part mainly discusses the general theories of administrative punishment intensity of judicial review, in the second part, using a comparative study to investigate the main countries of continental law system and Anglo-American law system about the intensity of judicial review of administrative punishment theory and practice. On this basis, the author analyzes the current situation of intensity of judicial review of administrative punishment of our country in the third part, the last part in order to further increase the intensity of judicial review standard of administrative punishment, administrative punishment in judicial review intensity is established, further put forward the guarantee measures for judicial review of administrative punishment.