The Perfection And Development Of Supervisory System Of Abstract Administrative Act

Abstract administrative act is an very important way that governments to accomplish administrative management. In our country , there are a wild variety of excessive administration which have the power to develop abstract administrative , including the State Council and its departments and village and also regional town villages and government . Abstract administrative influences our daily life a lot , most of the specific administrative act are based on them. However, as the executive administration exists vary degrees in the departments or local, the interests of the illegal executive acts in recent years abstract upward trend . Executive often use their power to formulate abstract administrative act expanding its sphere of competence, administrative violations of the legitimate rights and interests of people relative. This would do harm to the executive's image and prestige among the masses seriously and increase the administrative areas of social contradictions, which is very bad for the establishment of a socialist harmonious society. And our administrative review system will be part of the abstract administrative act only in the scope of the administrative review, In our case, although relatively well established formal review mechanism of abstract administrative act, but in the real operation, with little success. There are many reasons including: our system of public and administrative review administrative action will be part of the abstract into the scope of administrative reconsideration, administrative litigation is completely out of the abstract judicial review of administrative action, the same lack of oversight authorities operability. This makes a lot of abstract administrative act illegal not timely corrected, a serious impact on the process of China's rule of law. This paper from the basic theory of abstract behavior, analyzing the abstract administrative act as illegal and the underlying causes of the phenomenon at this stage of abstract administrative acts of lack of oversight mechanisms, drawing on abstract administrative actions in other countries monitoring mechanism put forward their own development and improvement of the administration of the abstract conduct oversight mechanism. I believe that the review mechanism of the abstract administrative act should further strengthen operational oversight authority, the administrative system into full play internal oversight, and actively and steadily into the abstract administrative action review of the scope of administrative litigation. This paper uses theory and empirical research combined with the micro-macro analysis of the combination of vertical and horizontal analysis of the method of combining, the review mechanism of the abstract administrative act made more comprehensive, systematic analysis. Divided into four sections.Partâ… Dealing with the basic theory on abstract administrative acts. It includes administrative acts abstract concepts, abstract , abstract of the main features of administrative acts ,administrative acts specific and administrative acts distinction.Partâ…¡Dealing with the abstract of my current status of administrative acts and Oversight mechanisms. It includes abstract administrative act, the status of abstract and the insufficient administrative oversight mechanisms act status.Partâ…¢Providing an overview of the abstract administrative acts abroad oversight mechanisms. It includes common law: English, the United States; Civil law: France, Germany and Japan.Partâ…£In order to further improve our supervisory mechanism abstract administrative act several recommendations. This text is a part of the core content. In the first three quarters of introduction, improving power organs, administrative organs of the gradual establishment of judicial oversight and supervision of the four abstract administrative acts oversight mechanisms recommendations, from the abstract development administrative acts and the development process supervision,...