论行政裁量的司法审查基准-宪法学与行政法学专业论文.docxVIP

IV IV 论行政裁量的司法审查基准 legitimacy in the courts intervention with the limitation of judicial review. Through the comparative law analysis, the author clarify the boundaries of the court’s intervention on the administrative discretion. But because of the theory differences between the legal issues and the facts issues. It is necessary to both limit the respectively intervention depth. For the intervention on the discretion of facts issues, this paper adopted rationality benchmarks. For the review depth of the legal problems discretion, then stay in the essence legitimacy interface. In the third chapter of this paper the author think deeply on the principle benchmark of judicial review in administrative discretion. With the management of administrative discretion from traditional noramative control of power mode to the functionalism building mode, the principles of governance in administrative discretion field has increasingly vast growth space. The author in this chapter respectively described the proportion principle of the Germany law and the reasonable principle of the British law, found different processing perspective and the two mutual confluence level and trends.At the same time introduced the proportion principle to China as a standard, creatively transformed the resonable principle into abuse of power of the Chinese administrative procedure law. Meanwhile analyzed the principle of narrow legitimate expectations and the principle of due process, And give great expectations for the principle of due process in the application of our judicial trial. The last chapter illustrates the judicial review’ standards and it’s application of administrative discretion in our country. In the third chapter, I turned the Britain’s unreasonable principle into the abuse authority clauses in our country’ law of Executive Accusation. Because the concept of power abuse is not certain, I prepare to explain the concept as not to meet statutory purposes, not relevant consideration, and i