The Internal Administraive Acrion May The Research

In the administrative law theoretically, take the administrative action function object as the division standard, may differentiate the administrative action for the interior administrative action and the exterior administrative action. The internal administrative action is the administrative main body, in the internal administration organization manages only to the administrative organization interior which in the process does has the legal effect behavior. After many year government by law constructions, our country has promulgated a series of interior administrative action relief law, the laws and regulations and the rules and regulations successively, but these stipulations have many malpractices, lacks a set of unification complete relief system, the interior administrative action may not sue until nowOur country internal administrative action cannot be sued reason including theory root, social root and cultural root. The exceptional powers relations the theory root which may not sue to our country administrative law theory's influence; Our country administration authority's inertia and the administration legislation work's lag may not sue social root; Not disputed cultural and the government by law spirit's flaw may not sue cultural root.The exceptional powers relations theory's vicissitude and withering away, the modern human rights idea's development, the executive power and under the jurisdiction division of labor and cooperation's judicature solves the principle as well as the administrative proceedings trend of development finally requests our country interior administrative action to have may sue the nature. Under our country authority movement implements National People's Congress to lead the authority division of labor and cooperation constitution principle, people's right consciousness enhances, the government by law idea which day after day manages state affairs according to law strengthens unceasingly, judge the professional quality promotes unceasingly, might sue the nature for our country interior administrative action to provide the full feasibility.Constructs our country interior administrative action to be possible to sue the rule, our country may profit from the German Federation Constitution Court to propose"the important standard"the theory, sets up the internal administrative action may sue authority standard and important standard. According to this standard, according to internal administrative action whether to affect citizen's basic right, limits the internal administrative action reasonably whether can sue scope.Our country "Administrative Procedural law" is established the judicial review depth is"the valid examination", or take"the valid examination as the principle, take the rational examination as the exception", to the internal administrative action's judicial review, differentiates the legal matter and the fact question in the method, adopts the different judicial review depth separately, and profits from the overseas legislative experience fully, bases in our country's judicial practice, limits the jurisdiction and the executive power boundary reasonably. Internal administrative action's trying, implements"exhausts the internal relief"the principle, the decision way including the maintenance decision, the cancellation decision, the confirmation decision, the fulfillment decision, rejects the plaintiff lawsuit request the decision.