2002Zhongguo Qingnian Zhengzhi Xueyuan xuebaoRequires access

On the right of judicial review over abstract administrative act

Sun Hong-ku

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Abstract

administrative act has reflected the principle of political power division as seen in every country's political system. It is also a significant measure for judicial power to supervise the administrative one. However, Chinese laws have not formally stipulated the judicial review over any administrative act. Hence, this article tries to discuss the necessity and rationality for a judicial review over abstract administrative act in both theory and judicial practice. It also purports to seek some countermeasures to consummate the system of judicial review over abstract administrative act and its standard.

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What this paper is about

administrative act has reflected the principle of political power division as seen in every country's political system. It is also a significant measure for judicial power to supervise the administrative one. However, Chinese laws have not formally stipulated the judicial review over any administrative act. Hence, this article tries to discuss the necessity and rationality for a judicial review over abstract administrative act in both theory and judicial practice. It also purports to seek some countermeasures to consummate the system of judicial review over abstract administrative act and its standard.

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Available abstract

administrative act has reflected the principle of political power division as seen in every country's political system. It is also a significant measure for judicial power to supervise the administrative one. However, Chinese laws have not formally stipulated the judicial review over any administrative act. Hence, this article tries to discuss the necessity and rationality for a judicial review over abstract administrative act in both theory and judicial practice. It also purports to seek some countermeasures to consummate the system of judicial review over abstract administrative act and its standard.

Key concepts: Administrative law, Rationality, Judicial review, Politics, Law, Political science, Power (physics), Judicial activism

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