Judicial Review Standard Of Abstract Administrative ACT

Abstract administrative act now plays a very important role in our political, economic and social life. It is not only the government to act reasonably important basis for the exercise of authority, but also to safeguard the legitimate rights and interests of the majority of people. At present, it almost comes to the consensus that the abstract administrative act belongs to the scope of administrative litigation in theaca, but there is rare specific discussion on its judicial review standard."Administrative Procedure Law " made single rules in the judicial review of specific administrative act. And to some extent the filings of administrative reconsideration and review system have provisions of abstract administrative act standard. But these provisions are still many deficiencies and in practice as well as its future judicial review of abstract administrative act in the effectiveness are rather limited.This article made up by the introduction, body and conclusion of three parts. The main body is divided into four chapters. Introductory remarks mainly outline a brief overview on the judicial review of abstract administrative act and the standard of judicial review. Body parts include-: The first chapter describes a brief overview on the need, reality of the judicial review of abstract administrative act. And then we shall study the standard of abstract administrative act judicial review should be carried out in these three areas by category through the need to precede distinction in the legal, factual and procedural issues.The second chapter describes the standard of questions of law of abstract administrative act judicial review. This chapter contains the following:Analysis the standard of legal issues of judicial review of abstract administrative act mainly by the legislative abstract administrative act (separately from the licensing issues and problems both unauthorized reading), interpretative abstract administrative act, legal classification and discretion.The third chapter describes the standard of questions of fact of judicial review of abstract administrative act. First, the paper analyzes the review of problem of fact on academic and defining the concept of the problem of face. Secondly, the paper analyzes the relationship between the standard of proof and standard of review and discusses the pros and cons of the standard of proof. It is good for us to establish the theory of multiple standards by the general principles of correctness proof standard and the useful complement of reasonableness standard. Again, discuss the standards of review of legislative facts and point out the difference between legislative and non-legislative fact illustrated with case. Finally, it is a solution to the question of fact discretion of abstract administrative acts mainly on the absorption of extraterritorial experience (American arbitrary, capricious, abuse of discretion standard and German triple benchmark) and classification criteria (time and content discretion) study.The forth chapter introduces the standard of the problem of procedural of judicial review of abstract administrative act. It mainly introduces legal procedure standard and due process standards. First is an overview on procedural issues; Secondly, detailing legal procedural standards from the filing of regulatory oversight process standards, and the importance of procedures and guidance to distinguish between mandatory procedures; Finally, the paper points out that due process standard should be allowed to use through the upper part of the right legal procedures inadequate presentation.Epilogue is a summary of this article, mainly build on a standard system in the form of a chart description of the image.