On Administrative Litigation Review Standards and the Issue of Administrative Litigation Review Premise

Author: Xie Zhiyong
Publisher:
Publishing Time: Not available
Features: This book begins by clarifying the basic concepts of administrative litigation review standards. It first elaborates on the fundamental theories that determine these review standards, introducing for the first time special concepts such as the principle of effective rights protection and the concepts of administrative discretion and the 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 these three basic premises: 1) Under the premise of legality review, the standards of authority, procedural propriety, and correct legality 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 purposeful correctness should be applied. The entire book constructs an administrative litigation review standards system based on this framework.