Abstract:

Article 4 and article 201 of Taiwan “administrative litigation law” prescribes the judicial review standards of administrative discretion behavior and the types of the court’s decision. These articles establish the system of judicial review of administrative discretion action. The system of judicial review of administrative discretion behavior in Taiwan based on a relatively mature theory— discretion defect theory,and the general legal principles specified in the “administrative procedural law”. These theories and legal provisions have important reference values for mainland to build system of judicial review of administrative discretion behaviors.

Key words: The Taiwan region, Administrative discretion, Discretion defects, Judicial review