What is supposedly the primary role of the courts in administrative cases in China?

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BlackTom AI · Accepted Answer

The question asks about the purported primary role of the courts in administrative cases in China, so we need to evaluate each option against the typical constitutional and legal framework.
Option 1: 'to minimize abuse of power by local governments' suggests the courts act as a check on administrative actions to prevent overreach or misuse of authority by local bodies. This aligns with the general function of administrative law, where courts supervise government actions to protect rights and ensure legality, making this a strong candidate for the correct choice.
Option 2: 'to see if policies contradict the Chinese constitution' would position the courts as constitutional guardians revising or overriding statutes when conflicts appear. While constitutional review exists in various forms, the explicit primary role of administrative courts in China is not primarily framed as constitutional interpretation of every policy, and this option overstates a singular focus on constitutional contradiction as the main function.
Option 3: 'to reconsider policy priorities of the central government' implies a judicial role in setting or revising policy agendas. In reality, courts do not set policy priorities; their function is to adjudicate disputes and ensure legality, not to reorient policy direction for the central government.
Option 4: 'to examine if some policies are designed so unreasonably that there are unjust to carry out' suggests the courts evaluate whether policies are unreasonably designed and impractical. While courts may consider reasonableness and rights implications, describing this as the primary role is overly narrow and unusual as a general description of the administrative court function.
In sum, the first option captures the essential intent of administrative adjudication—restricting government overreach and protecting lawful administration by curbing local abuses—whereas the remaining options misstate or over-extend the courts’ core remit in administrative cases.

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