Judicial Review of Administrative Discretion——An Administration case study of Determination of Injuries at Work
Jiangbo Liu
Abstract
Jiangbo Liu
Abstract
The administrative discretion is the most widely used kind of power in administrative law enforcement.Rational utilization of the Administrative discretion can give full play to the executive functions but may also be abused.Thus,it is necessary to strengthen the control.While judicial review is a more effective means of control,the law gives no clear description on how to review the administrative discretion except the administrative punishment.This paper puts forward the factors that should be considered in judicial review based on analyzing the administrative cases of determination of injuries at work,.
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The administrative discretion is the most widely used kind of power in administrative law enforcement.Rational utilization of the Administrative discretion can give full play to the executive functions but may also be abused.Thus,it is necessary to strengthen the control.While judicial review is a more effective means of control,the law gives no clear description on how to review the administrative discretion except the administrative punishment.This paper puts forward the factors that should be considered in judicial review based on analyzing the administrative cases of determination of injuries at work,.
Key concepts: Administrative discretion, Discretion, Judicial discretion, Administrative law, Punishment (psychology), Judicial review, Enforcement, Work (physics)