2015Dianzi Ke-Ji Daxue xuebao. She-ke banRequires access

Judicial Review of Administrative Discretion ——Analysis on the Perspective of the Amendment of the Administrative Procedure Law

Zhou Long-j

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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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What this paper is about

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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Available 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.

Key concepts: Administrative law, Judicial discretion, Administrative discretion, Discretion, Law, Legislature, Judicial review, Political science

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Judicial Review of Administrative Discretion ——Analysis on the Perspective of the Amendment of the Administrative Procedure Law — Research Paper | ScholarLens