Annotation

Comparative administrative law allows to observe general and specific approaches used in different states for judicial review of discretionary administrative acts. The purpose of these acts is the well-known criteria of this review. However, defining purpose is very complex thought process that requires considerable effort from administrative authorities and courts. The Chinese example demonstrates how the legitimate purpose was determined taking into account “Chinese characteristics” and allows to analyse the ways in which foreign structures that give Chinese judges the right to evaluate controversial discretionary administrative acts are implemented. This process is illustrated by the example of the principles of proportionality and legitimate expectations. Russia's experience in implementing these principles partially overlaps with China's, but there are also some significant differences.