Judicial Review of Administrative Discretion
Zhang Hong-ya
Abstract
Zhang Hong-ya
Abstract
In view of the mess of administrative discretion and the improper concept of the intensity of judicial review,judicial review directed at administrative discretion is extensive. To solve the problem regarding the hidden review,efforts should be made in terms of administrative discretion,the standard of judicial review,the way of review and the method of making a decision. Of course,the ultimate resolution to this issue depends on the amendment of Administrative Procedure Law,since the newly revised one does not involve with this integrity.
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In view of the mess of administrative discretion and the improper concept of the intensity of judicial review,judicial review directed at administrative discretion is extensive. To solve the problem regarding the hidden review,efforts should be made in terms of administrative discretion,the standard of judicial review,the way of review and the method of making a decision. Of course,the ultimate resolution to this issue depends on the amendment of Administrative Procedure Law,since the newly revised one does not involve with this integrity.
Key concepts: Judicial discretion, Discretion, Administrative discretion, Administrative law, Judicial review, Political science, Law, Law and economics