The main reasons are as follows:

1. Administration according to law is the most basic rule in the administrative legal system. People’s courts can only use laws and not other standards to measure administrative behavior. .

According to Article 5 of the Constitution, our country's administrative agencies must abide by the Constitution and laws when exercising their administrative powers, and must not violate or exceed the Constitution and laws. This is "administration according to law."

2. Both the powers of administrative agencies and the rights and interests of people are stipulated by law. Therefore, the law is not only the basic criterion for regulating national interests and personal interests, but also the benchmark for administrative powers and the rights and interests of the counterparty.

Only by using law as the standard for judging administrative actions, can it be possible to coordinate the relationship between administrative powers and personal rights and interests, so that administrative litigation can not only protect the legitimate rights and interests of the counterparty, but also support the administrative agencies in exercising their powers according to law. Unity of purpose.

3. In order to ensure that administrative agencies implement effective management of society, it is necessary to leave a certain amount of room for discretion for administrative agencies.

According to the needs of public interests, administrative agencies should enjoy discretion within a certain range. The law cannot and should not provide all-round and detailed provisions on administrative activities, and can only delineate a rough scope. , leaving room for administrative agencies to choose measures and methods that meet the needs of the public interest according to specific circumstances.

If there is too much intervention, it will not be conducive to the bold management of administrative agencies and their flexible and decisive decision-making.

4. Administrative management activities involve a wide range of areas, and some aspects are very professional. To handle them well, you need rich administrative work experience and professional knowledge, and it is impossible for the judges of the People’s Court to have all aspects of expertise. Therefore, the rationality of the People's Court's review of administrative actions is subject to certain conditions.

5. As far as the current situation in our country is concerned, the conditions for judicial review to penetrate into the field of discretion are not yet mature.

my country's administrative litigation and administrative legal system construction are both in the "primary stage". There are already many problems and great resistance in reviewing whether specific administrative actions are legal. Can administrative litigation further extend to administrative discretion? fields, it depends on the situation after considerable judicial experience and further improvement in the construction of the administrative legal system.

For a specific administrative act to be legal, it must first meet the following requirements:

1. The subject making the specific administrative act must be a legal administrative agency or organization. The so-called legal administrative agency or organization is Produced and exists in accordance with the provisions of the law.

2. The act must be within the legal scope of authority of the administrative agency. There are two types of legal scope of authority. One is the scope of authority determined by the organic law; the other is that a certain law or regulation stipulates a certain authority. Each administrative agency should make specific administrative actions within its own scope of authority. , shall not exceed the authority or infringe the rights.

3. The determination of the subject qualifications and behavioral facts of the administrative counterpart must comply with the conditions stipulated by law, and the evidence must be sufficient. For example, the opposite party A has the power and capacity to act, and there is sufficient evidence of beating others, and there are facts and evidence of causing minor injuries. This meets the legal conditions stipulated in Article 22 of the "Public Security Management Punishment Regulations"; if it is only If someone is beaten, but the person being beaten does not cause minor injuries, it does not comply with the laws and regulations stipulated in Article 22.

4. Applicable laws and regulations are correct. Specific administrative acts are acts of determining facts and applying laws and regulations. For example, according to the provisions of Article 33 of the "Drug Administration Law", if a factory is determined to produce and sell counterfeit drugs, the punishment of the factory shall be subject to the legal liability stipulated in Article 50 of the Law. This means that the application of the law is correct; otherwise, the application of the law is wrong. .

5. The expression of intention of the administrative agency in making specific administrative actions is true and consistent with the legislative purpose.

6. Comply with legal procedures. Our country currently does not have a unified administrative procedure law, and the provisions on administrative procedures are scattered in various specific laws and regulations. The specific administrative actions of administrative agencies can only be effectively established in accordance with the procedures prescribed by law.

7. The form complies with the legal provisions. If the legal provisions must be made in writing, it cannot be made in oral form, otherwise it is illegal. For example, the license, business license, trademark registration certificate issued to the applicant by the industrial and commercial administrative agency, the detention certificate issued by the public security agency, and the fine notice, etc.

8. For specific administrative acts with attachments, the attachments must be explained to the counterparty. For example, those who have the right to sue or apply for enforcement of clauses should write at the end of the penalty decision letter, "If the party concerned is dissatisfied with the administrative penalty decision, he may file a lawsuit with the People's Court on ** days from the date of receipt of the penalty notice. No lawsuit will be filed upon expiration of the time limit." If the penalty is not fulfilled, the authority that made the penalty decision shall apply to the People's Court for enforcement. "

Any specific administrative act is legal only if it meets the above conditions. Specific administrative actions are legal, administrative parties should obey them, and people's courts should uphold them. When hearing administrative cases, the People's Court only examines the legality of specific administrative actions. This principle is unique to the Administrative Litigation Law and is of great significance to ensuring the correct conduct of administrative litigation activities.

The above content refers to the Henan Provincial Higher People's Court-A Brief Discussion on Legality Review in Administrative Litigation

The above content refers to the Puyang Intermediate People's Court-Why the People's Court can only review legality and not Cannot review rationality