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Research on Judicial Review of Administrative Discretion
Author: WeiZhiMing
Tutor: ZhangZhiYuan
School: Suzhou University
Course: Legal
Keywords: administrative discretion judicial review principle standard
CLC: D915.4
Type: Master's thesis
Year: 2009
Downloads: 123
Quote: 1
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Abstract
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Since the 20th century, with the expanding of administrative power, administrative discretion has become a very important component of administrative power and a significant sign of the development of contemporary administrative law. Extending administrative discretion is an inevitable in legal administration. What Modern administrative law focuses on is judicial review of administrative discretion. Through legislation or prejudice of the court, most countries build up their characteristic standards on judicial review of administrative acts, and generally set up judicial review system to restrict the use of administrative discretion. Based on research achievements of many scholars, this paper starts form the basic theory of administrative discretion and judicial review at first, and also studies the status quo and disadvantage of the application of Chinese existing system, discusses the application of the judicial review of administrative discretion in China, and finally tables a proposal on how to develop and consummate the judicial review of administrative discretion in China.
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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Administrative Procedure Law
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