Research On Judicial Review Of Materializing Uncertain Legal Concepts In Administrative Organs

The occurrence of the "Wei I only respect" case in Liuzhou,Guangxi,can not help but make people sigh.In this case,the interpretation of the "provocation" stipulated in the law on public security administration punishment is a key point.The essence of the interpretation of "provocation" is the concretization of the uncertain legal concept by the administrative organ.In this case,the administrative punishment imposed by Liuzhou police on Wei is obviously too heavy,The administrative act is suspected of administrative arbitrariness.However,the use of uncertain legal concepts in administrative legal norms is inevitable,and the social phenomena are complex.Legislators cannot do everything in detail when formulating legal norms,while the administrative organs need to solve some case affairs.At this time,this uncertain feature of uncertain legal concepts just makes legal norms flexible to adapt to the continuous changes of society.Whether the court has the power of judicial review on the administrative law enforcement acts of administrative organs has also experienced in theory,from the traditional principle of non review to the current principle of non review.Under the current background of the rule of law in China,it is necessary for the court to conduct judicial review on the administrative law enforcement acts of administrative organs.However,with the gradual clarification of social division of labor and the refinement of professional division of labor,especially in the fields of environmental protection and intellectual property rights,there are serious intellectual barriers,information barriers and experience barriers.Administrative organs tend to be more professional in these fields,and their judgment on some professional issues will be more accurate than that of the court.At this time,it will become particularly important to grasp the limits of judicial review,We should not only maintain modesty to maximize the efficiency of administrative organs,but also avoid the abuse of discretion by administrative organs.The theory of "room for judgment" put forward by Germany has certain reference significance for our country.Although the term "room for judgment" is not clearly put forward in China’s legal norms,the shadow of room for judgment can still be found in some precedents in judicial practice,such as predictive decisions and behaviors with evaluative risks,highly humane judgments and judgments with ultimate effect made by the independent expert committee,In these areas,the judiciary gives a certain degree of respect to the professional judgment made by the executive.Taking the administrative law enforcement in the field of environmental protection as an example,combined with relevant cases,this paper analyzes and comes to the conclusion that in the field of environmental protection,the judicial organ should fully respect the judgment of the administrative organ on professional facts,conduct a limited review of the specific uncertain legal concept of the administrative organ,and conduct a comprehensive judicial review of the administrative law enforcement procedure.