Judicial Review To Internal Administrative Act

Issue and implementation of "the People's Republic of China's Administrative Procedure Law" on the 1st October, 1990, meant establishing a system of administrative litigation in our country. This has promoted the theoretical research of administrative procedural jurisprudence in our country, and made our country go on the course of rule of administrative law too. But this act only affirms to protect rights when specific administrative act encroaches on the rights of administrative counterpart only. Exclaiming abstract administrative act, internal administrative act being outside the scope of judicial review by courts.Internal administrative act is governmental behavior carried on administrative organization inside the system that can affect staff members' rights and duty practiced by administrative body. The enforcement Of executive power can't avoid the innate nature of expansion and initiative itself. Therefore it is extremely apt to encroach on rights and interests of internal administrative counterpart. During the developing progress of administrative law, the administrative law authorizes courts to get involved in the executive power field with judicial power, neglecting judicial supervision to the internal executive power field for a long time. With attention to citizen's rights, this kind of method was gone with wind.Exclusive of judicial review to internal administrative act, which are neglecting staff members' rights as normal citizens, as well as losing the restrict of internal administrative power. Therefore, it is necessary to set up the system of judicial review to internal administrative act. This article defines the meaning of the internal administrative act at first and analysis the necessity of judicial review to the internal administrative act. At last, the article advances the thought of how to set up a system of judicial review to internal administrative act after inspecting judicial review to internal administrative act from foreign countries.