On The Scope Of Accepting Cases For Administrative Proceedings

The research on the scope of accepting cases for administrative proceedingsmust break the limitation of regulating the scope of accepting cases purely from thetechnical angle, establish the restriction mechanism by basic theory and thecorresponding system, and thus standardize the research on the scope of acceptingcases for administrative proceedings.Through the analysis of the existing research, this article discovered that thecurrent theory for the nature of administrative proceedings is certainly imperfect,which causes theory conflicts when deducing the scope of accepting cases foradministrative proceedings, and makes the theory lose the instruction significance.Therefore, the author reorganizes the viewpoint that the nature of administrativeproceedings should be base on the judicial examination, the goal of administrativeproceedings is to supervise and restrict, and re-establish the theory basis for the scopeof accepting cases for administrative proceedings. Followed closely the authoranalyzes the administrative review system which links up the administrativeproceedings, and discovers they have entities and procedure links. Therefore, theauthor claims that the revision of administrative proceedings must coordinate with therelated theory and system in the administrative review system. If we want to highlightthe nature of the judicial examination and establish the largest wide scope to acceptcases, we must reconsider the viewpoint about the preposition of the reconsiderationand reconsider the standard of scope, establish preposition of the reconsideration andreconsider the responsibility of the institution.Moreover, the author analyzed the flaws in the legislation technology, theresearch techniques and the guiding principles from the concrete angle, and proposed:we should unify the standard for the scope of accepting cases. Thus, the authoradvocated analyzing the question from the two aspects of breadth and depth, changethe past standard by sole breadth, and establish the depth standard that takes therationality, the procedural nature, and the partial facts as the research object.Discussing the administrative main body and the administrative actions in the breadth,the author advocated the introducing proxy and the administrative sanction theory,thus consummates the concrete theory construction.Finally, on the basis of the above theory, systems and principles, the authordiscussed the present popular administrative abstract actions, internal administrativeactions, the administrative instruction, the administrative contract and the similaractions, the factual behaviors and the general administrative actions, in order to helpsolve the existing questions.