On Judicial Review Of Abstract Administrative Acts

After the victory of capitalist revolution in Europe, the countries in Europe establish administrative action one by one. In 1990, with enactment of Administrative Procedure Law, our country began to set up the system of administrative action.The abstract administrative acts in the article refer to the normative documents including regulations and those inferior to regulations. Abstract administrative acts are results resulting from comprehensive effects of all kinds of demands. In our country, there are necessary existing elements.Some problems appear when our country enforces abstract administrative acts, including the tendency for interests of motives, chaos of procedure and non-openness, chaos of subjects and unreason of the content.Judicial review has its necessity. The causes of judicial review of abstract administrative acts include the element of power nature, the element of the theoretic base of the administrative law, the element of market economy and the element of the WTO, the ways of supervision on abstract administrative acts in our country at present include the supervision of organization of state power, the self-supervision of ad, organs, but they all have fundamental defects. Only judicial review is the best and the final choice of supervision. The inherent advantages of judicial review decide the inevitable choice and the system for the review of constitutionality demands judicial review of abstract administrative acts more urgently. The experience of other countries such as America, Britain, Germany, France and Japancan be used for reference to abstract administrative acts in our country. In addition, judicial review of abstract administrative acts has already appeared in laws of our country.We should solve the problem of accepting courts, the procedures and make the burdens of abstract administrative acts workable in the procedural design for judicial review of abstract administrative acts of our country.