Abstract:
Judicial control of administrative discretion through judicial review is an important way to realize the rule of administrative law. During the days of Republican China, The administrative court in administrative trial practice, for all kinds of administrative discretion at the time, launched a multi-dimension, multi-level review to examine the legitimacy and rationality review for the program. Legitimacy review mainly included the legal basis, the administrative discretion of the facts and legal interpretation and application review. The rationality review was not limited to the “1932 administrative procedure law”, but learnt from some traditional Chinese legal concept, making appropriate adjustments. This practice had positive effect on administrative legality, but the government didn't amend the law subsequently and thus reduced the certainty and predictability of trials.