Study On Standard Of Judicial Review Of Administrative Procedure

Article 6 of the Administrative Procedure Law clearly stipulates that the court shall review the legality of the accused administrative act.The standard of judicial review is the general standard that is used for reviewing the administrative acts sued for the court.The so-called administrative legality review standard refers to the standards and basis that the court should abide by when the court reviews the legality of administrative acts sued from administrative cases.The establishment of legality review standard of administrative proceeding needs the corresponding basic ideas as guide and basis.The ideas that affect the establishment of legality review standards can be divided into general ideas and special ideas,general ideas mainly include the theory of decentralization and balance of power,the principle of judicial final settlement and the rule of law administration;The theory of administrative discretion and room of administrative judgment,the principle of effective protection of rights,the principle of due process,the proportionality principle are included in particular ideas,which respectively are introduced in turn.These ideas have a direct or indirect influence on the establishment and application of legality review standards.The setting and application of the review standard will directly affect the operation of the legality review system.The application of the legality review standard of administrative proceeding consists of three parts,there are respectively application of the general legality review standard of administrative acts and discretionary administrative acts,the application of the special legality review standard of discretionary administrative acts,and the specific situation in which the legality review standard applies.The application of the legality review standard is very important to the effective operation of the legality review system,clarifying application of the legality review standard,which is conducive to produce more scientific and more convincing legality review results;conducive to improve the court’s quality of work;beneficial to preserve the legitimate rights and interests of administrative counterpart better.