Judicial Review Of Abstract Administration Act

The abstract administrative behavior is the main non-specific relative to the implementation of a universally binding administrative acts, which are made pursuant to the specific administrative acts. And specific administrative actions with the relatively closely related to the interests, if not the abstract conduct regulation and supervision, and are not able to conduct effective specific administrative oversight, and thus unable to fully relative to the protection of the legitimate rights and interests. This paper attempts to abstract the behavior through judicial review of exploration and study, the focus of executive power and judicial review, as well as the nature of its theoretical basis, and through the presentation of relevant foreign system on the establishment and improvement of China's abstract system of judicial review of administrative action proposed Construction of some immature mode, so as to the establishment of China's relevant system for some useful attempts.In this paper, the introduction to the major topics on the purpose and significance. That the rule of law with the rule of law and the country's construction, the Government's "Power of the Law" in constant expansion. This"power of the rule of law"is, in fact, administrative organs and other administrative laws and regulations regulating documents, and thus the government and the management of public power, in practice that is manifested as abstract administrative behavior. This"power of the rule of law"in China's current political culture, have not been effectively regulate and restrict resulted in the"Power of the Law"under the law abstract administrative actions against citizens, legal persons and other organizations of the legitimate rights and interests of endless. And because China's existing administrative litigation system is the abstract judicial review of administrative acts included in the scope of the administration of justice which often insufficient supervision, not beneficial to the relative protection of the legitimate rights and interests of the elusive nature of the proceedings. Abstract administrative actions to ensure the legitimacy and impartiality, to respect the people's legitimate rights and interests of relatively reasonable play its positive role, we should strengthen the abstract judicial review of administrative acts to their incorporation into a comprehensive judicial supervision.This paper is divided into five parts. The first part of the main abstract judicial review of administrative acts elaborate the basic theory, introduced abstract judicial review of administrative acts connotation, abstract administrative judicial review of administrative acts legal basis. Abstract pointed out that judicial review of administrative acts is that the exercise of judicial power of the judiciary and the executive and the legislature sex normative legal documents for examination and supervision of the activities, it is an abstract legal review of administrative acts an important part of the judicial power is also the executive power. The advanced form of supervision and control, but also the authority of civil rights relief mechanism and abstract judicial review of administrative acts are mainly legal basis of the theory of separation of powers, legal and judicial supervision of the operation theory, the protection of human rights theory, the protection of minorities theory, right of appeal maximization theory and other theories. The second major part of the current foreign judicial review of administrative acts abstract system was introduced and summarized, introduced the common law and civil law countries in the abstract system of judicial review of administrative acts and the development of and changes in the status and characteristics of the final general summary States abstract judicial review of administrative acts common. Part III focuses on the abstract of judicial review of administrative acts and the status quo existing problems were analyzed. In this part of this paper, China's current judicial review of administrative acts abstract legislative status on the rough and then on China's judicial review of administrative acts abstract theoretical research status of a more detailed analysis, noted that the abstract at this stage is whether the executive acts China's judicial review of the object, there are four main viewpoints, and understanding, and confirmed in this paper agree with the viewpoint of the then China's abstract judicial review of administrative acts judicial practice summed up the reality of the situation in this part of the final paper on the My abstract analysis of the current judicial review of administrative acts existing problems, summed up China's current judicial review of administrative acts abstract primarily indirect, incidental, limited, and other issues. In the article, the Fourth part of this paper, a relatively large space on the Improvement of abstract judicial review of administrative acts grounds for a more detailed analysis. The first is the need, as with the legislative and judicial powers, and other public power compared to the right most often, the most extensive and most directly related to the rights and interests of the relative, and the implementation of the executive power and legislative power far from the procedures and judicial power exercise strict procedures, open, so that the most easily lead to abuse of power and corruption. It is based on the above reasons, and establish and improve the supervision over the administrative, constraints, regulatory mechanisms are necessary, and must be, and judicial review of such monitoring is the most effective kind. This was followed by the feasibility, has stressed that China should improve the abstract system of judicial review of administrative action, not only because of the necessity of the above, more importantly, with its practical feasibility, the feasibility of this has been manifested mainly in China some form of judicial review of the legal system and cultural aspects. By both necessity and feasibility analysis, a comprehensive discussion of the situation of China's complete judicial review of administrative acts abstract system and the urgent need for the viability of an objective, which only proved the abstract judicial review of administrative acts into can be fully achieved State authority and restraint mechanisms of balance. The Part V of this paper is the final part of the body, from a practical perspective on the way to achieving judicial review of administrative acts abstract way, to investigate the behavior of the abstract will be included in the scope of administrative litigation, the establishment of specialized judicial review bodies, the establishment of accountability of the abstract mechanism more in line with China's political and practical ways.In this paper, the final conclusion is: The Abstract administrative behavior is the basis for specific administrative acts, the court can not directly at this stage, a thorough review of administrative acts abstract, the Court of specific administrative acts will also review is not complete. Therefore, we should build as soon as possible a set of abstract suitable for judicial review of administrative acts specific system.