On The Judicial Application Of The Principle Of Administrative Rationality

With the continuous development of society,the field of the exercise of administrative power has expanded,but the relevant administrative laws are often unable to regulate the new areas in a timely and effective manner.This requires judges to make administrative judgments when encountering difficult cases not only to meet the requirements of the principle of legality,but also to explore how to better apply the principle of administrative rationality to administrative litigation in order to achieve substantive fairness and justice on the basis of clarifying the connotation of the principle of rationality.The current administrative procedural law has limited scope for the right of revocation and limited alteration of "obviously improper" administrative acts.Meanwhile,the connotations of "obviously" and "improperly" are still unclear.The appropriateness of the examination of the rationality of Discretionary Administrative acts,the relatively small issue of the right of revocation and alteration of administrative acts,and how to limit the abuse of the principle of rationality remain to be solved.Under the current judicial interpretation system in China,the power of judicial interpretation is relatively centralized.The grass-roots judges do not have the power of judicial interpretation,that is,the judges do not have the power to create laws.The feasibility of establishing the administrative case system and the way to establish it are all practical problems in the practice of administrative justice.