The Study Of Judicial Supervision Of Administrative Decision

As a universal administrative act,administrative decision involves a wide range of groups,disposes a large of interests,and has a long-term impact on social development,which decided that they cannot be ignored in the legal norms.How to effectively regulate the administrative decision has been highly concerned by the party and the state.At present,local governments have established their own administrative decision-making legitimacy censorship in the form of legislation,and have played a role in regulating administrative decision-making to a certain extent.But it should be noted that such a review system emphasizes the internal nature of the review,ignoring the administrative power of self-regulation of the drawbacks.In the external supervision,the legitimacy examination system does not take into account the characteristics of China’s national power structure design and power operation in practice,in the form of weakening the external supervision of administrative decision-making constraints.Moreover,the existing administrative decision-making legitimacy review system mostly excludes the judiciary,or simply made a simple emphasis.The specialized supervisor of the national law of the judiciary is intentionally or unintentionally excluded from the scope of oversight of administrative decisions.This is not only detrimental to the comprehensive and effective supervision of administrative decision-making,but also ignored the constitutional provisions of the duties of the judiciary,and China’s current emphasis on strengthening the status and role of the judiciary situation and policy contrary.Based on the problems existing in the implementation of administrative decision-making and the shortcomings of the existing supervision system,this paper analyzes the constitutional and legal provisions and concludes with the advantages of the judiciary in supervising the administrative decision-making,and obtains the legal basis for the judicial decision of the judiciary.On the basis of the above legal basis,this article focuses on how to supervise the administrative decision-making system design,with a view to the administrative decision-making judicial supervision to provide a new path and reference.