Judicial Review of Administrative Discretion ——Analysis on the Perspective of the Amendment of the Administrative Procedure Law
Zhou Long-j
Abstract
Zhou Long-j
Abstract
The judicial review of administrative discretion is the core issues to administrative litigation. The amendment of Administrative Procedure Law provides a new chance to judicial review of administrative discretion. However, the amendment of Administrative Procedure Law dose not solve the problem completely, and the review technology needs to be improved. So we should expand legislative authority of the judicial review of administrative discretion by using the 64 th item of Administrative Procedure Law, and strengthen the procedural review of administrative discretion at the same time.
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The judicial review of administrative discretion is the core issues to administrative litigation. The amendment of Administrative Procedure Law provides a new chance to judicial review of administrative discretion. However, the amendment of Administrative Procedure Law dose not solve the problem completely, and the review technology needs to be improved. So we should expand legislative authority of the judicial review of administrative discretion by using the 64 th item of Administrative Procedure Law, and strengthen the procedural review of administrative discretion at the same time.
Key concepts: Administrative law, Judicial discretion, Administrative discretion, Discretion, Law, Legislature, Judicial review, Political science