Judicial review on abuse of power by administrative authority

Abstract

Through the analysis on three typical cases, it is believed why courts rarely make judgments directly based on the review criteria of “abuse of power” pursuant to article 54 of the Administrative Litigation Law is mostly that the relevant legal provisions are not clear. Besides, in hearings, judges are more inclined to use “conversion techniques”. Meanwhile, it is further revealed of the issues existing in the substantive review of courts.

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