2006Journal of Jinan UniversityRequires access

On the Dilemma and Way Out of Judicial Review System

Zhan Mei-bai

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Abstract

Judicial review system aims at power control and rights relief, which are the basic values of modern rule of law. However, nowadays judicial review system is facing great dilemma, including judicial constructions depending on administrative system,limitations of review scope as well as single-standard of judicial review. The way out of reconstructing lies in: Deepening the renform of judicial system, strengthening judicial independence; widening the scope of judicial review, changing the principle of law-deciding into the principle of assuming; diversifying the standards of judicial review, and enforcing the principal of judicial final deciding.

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Judicial review system aims at power control and rights relief, which are the basic values of modern rule of law. However, nowadays judicial review system is facing great dilemma, including judicial constructions depending on administrative system,limitations of review scope as well as single-standard of judicial review. The way out of reconstructing lies in: Deepening the renform of judicial system, strengthening judicial independence; widening the scope of judicial review, changing the principle of law-deciding into the principle of assuming; diversifying the standards of judicial review, and enforcing the principal of judicial final deciding.

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Available abstract

Judicial review system aims at power control and rights relief, which are the basic values of modern rule of law. However, nowadays judicial review system is facing great dilemma, including judicial constructions depending on administrative system,limitations of review scope as well as single-standard of judicial review. The way out of reconstructing lies in: Deepening the renform of judicial system, strengthening judicial independence; widening the scope of judicial review, changing the principle of law-deciding into the principle of assuming; diversifying the standards of judicial review, and enforcing the principal of judicial final deciding.

Key concepts: Judicial review, Dilemma, Scope (computer science), Judicial independence, Judicial discretion, Judicial activism, Principal (computer security), Law

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