On Judicial Review Of Abstract Administrative Act

Judicial review is one legal term in western legal system. Usually it means that the judicial office reviews the lawmaking body's legislative action and the administrative office's legislative and administrative act. Administrative actions can be divided into abstract actions and concrete act. The term "abstract administrative action" refers to the administrative office's action that has a universal binding effect on the indefinite targets. In April, 1989, China adopted the administrative litigation law. It is significant and means the start of the judicial review system in our country. But this law doesn't consist of the judicial review of abstract administrative act. So an abuse of abstract administrative action often appears in China. The author tries to prove the necessity and feasibility of judicial review of abstract administrative act according to Chinese current conditions and foreign practical experiences. Furthermore, the author discusses the improvements of judicial review of abstract administrative action and gives some basic theories and suggestions.This paper consists of three parts. The first part illustrates the reasons for judicial review of abstract administrative act. This part includes the definition, characteristics, classification and range of the abstract administrative action compared with foreign experiences. In part two, the author mainly talks about the necessity of judicial review of abstract administrative act. In this part, the author first compares administrative power with judicial power, and then gives the reasons for judicial review, especially aims at the problems of the current judicial review in China. In the last part, the author designs the Chinese judicial review system on the judicial review. In the end, the author gives the conclusion that Chinese judicial review of abstract administrative action can be establishing the special administrative court and administrative court and administrative precedent system.