Judicial Review Of Abstract Administrative Measure

administrative measure refers to the rules that are made by an administrative organ with pervasive binding force to non-specific subject, including the act of making rules. According to the current administrative procedure law, administrative counterparts can t sue to the People s Court directing to the abstract administrative measure. But, with the development of social life and the multiplication of abstract administrative measure, the illegal phenomena of abstract administrative measure are serious increasingly. Then the defects of supervisory system of abstract administrative measure are exposed gradually. More and more learners suggest that abstract administrative measure should be brought into the scope of judicial review. They also prove the view from different angles. These make the necessity and feasibility of judicial review of abstract administrative measure undoubtedly.However, if we reflect continually based on the theory of affirming judicial review of abstract administrative measure, the questions still need to research systematically and comprehensively. The questions contain what are the theoretic bases of judicial review of abstract administrative measure and how to bring abstract administrative measure into the scope of judicial review. Therefore, this article has analyzed the theoretic bases of judicial review of abstract administrative measure, the range of judicial review of abstract administrative measure, the qualified plaintiff, the accepting court, procedures in action and applicable judgments. The author advocates that regulation and those inferior to regulation should be brought into the range of judicial review of abstract administrative measure, including relevant act.Procedure qualified plaintiff and substance qualified plaintiff should be the qualified plaintiff of judicial review of abstract administrative measure. The accepting court of judicial review of abstract administrative measure should be super ordinate court. But the optimum accepting court ought to be the administrative court. Furthermore, the author put forward to the distinctive views in rule control, procedure qualified plaintiff, substance qualified plaintiff, the accepting court and the criterion of proof. Finally, the author wishes that this discuss are beneficial to the development of judicial review of abstract administrative measure.