On the Standards of Administrative Litigation Review: Also on the Prerequisite Issues of Administrative Litigation Review: Also on the Prerequisite Issues of Administrative Litigation Review

Author: Xie Zhiyong
Publisher:
Publish Date: 2004-07-01
Features: This book begins by clarifying the basic concepts of administrative litigation review standards. It first elaborates on the fundamental theories that determine review standards, introducing for the first time special concepts such as the principle of effective rights protection and the concepts of administrative discretion and administrative judgment margin. It then discusses the three basic premises of review standards: legality review, reasonableness review, and purposefulness review, with a brief mention of dangerousness review. The book proposes that different review standards should be applied under each of the three basic premises: 1) Under the premise of legality review, the standards of authority, procedural propriety, and legality correctness should be applied; 2) Under the premise of reasonableness review, the standard of proportionality should be applied; 3) Under the premise of purposefulness review, the standard of purposefulness should be applied. The entire book constructs an administrative litigation review standards system based on this framework.