Discussion upon the Judicial Review of the Administrative Emergency Action

Differing with the judicial review of normal administrative action,the administrative emergency action needs to seek the source of legality by referring to legislative intention and basic value of the rule of the law. As to the substantivity issue of the judicial review of the administrative action,there is a need to expand the current scope of the accepted case of the administrative litigation,develop the reasonable standard of review,ascertain the legal status of emergency management legislation and establish diverse and plural standards of proof. In the aspect of procedural issues,it is essential to make clear the jurisdiction of the court as well as qualification of parties in actions,design limitation of action with public and private interest balanced,extend the application scope of the alteration judgment,which aims to fully secure the counterpart's interests on the premise of assuring the efficiency in dealing with public crisis by administrative bodies.