行政裁量权司法审查分析.pdfVIP

Abstract The power of administrative discretion is a core content of modern administrative law.With the rapid development of social economy and technology,the power and range of the government to organize and adjust social life keep expanding, the power of administrative department also expends with it. But maybe this power is at the risk of abuse. Modern administrative is gradually developing forward when the power of administrative discretion continues expending and the control of this power is gradually strengthened. Judicial review is an essential and effective means of controlling the administrativediscretional powerin everycountry. This thesis can be divided into 5 parts. The reference section briefly described the motive ，purpose and meaning of writing this thesis ，the research situation on this system, the important part and the difficult part of this thesis, as well as one show on this thesis. Chapter 1 is an overview of administrative discretion. It describes the concept of administrative discretion firstly, then analysis the advantages and disadvantages of administrative discretion, shows that the existence of the necessity of administrative discretion and the possibility of misuse and abuse of manifestations. Then I analysis the status of judicial review of administrative describe in the control system of administrative discretion. Chapter 2 described the concept and nature of judicial review, followed by analysis of administrative discretionary power judicial review of the current situation and problems, and analyzesthe causes ofthe problem. Chapter 3 proposed the need to recognize the principle of rationality. In the process of our country’s legislation, legal review is the most important principle, and reasonable review is a subsidiary principle. But this principle of legitimacy is a kind of formal legal review, as well as a formal comprehension of the m