A Study On Abstract Administrative Tort

Abstract administrative acts is a very important part of administrative action. It is mainly refers to Universally binding rules of conduct acts that the state administrative organs developed to the non-specific people and unformulate things. For a long time, the focus of Academia performs that whether the abstract administrative acts attribute to Judicial Review and have liability or not. At the same time, the studies of abstract administrative acts are not enough. At the eviroments of the rules of law, the studies of abstract administrative tort is a very meaningful thing. It can improve procedures of law developements in our country, the protection of human rights, increase the sector's efficiency and expand its work ideas.This article which reflects and focuses some basic theory and practical issueshas has in-depth studies and comunications with concept, name, nature, constitute elements, objectivity, necessity, feasibility, construction of the responsibility system and legal relief.Chapter one defines the abstract administrative tort from four sections which contain the concepts of abstract administrative acts, the features of abstract administrative tort, the elements of construction and possibilities of tort.Chapter two analysis the theoretical foundation of abstract administrative tort with three sections which contain objectivity, necessity and feasibility of abstract administrative tort.Chapter three determines the responsibility of abstract administrative tort through studing forms of abstract administrative tort, Summarizes the responsibility System of abstract administrative tort and come to the conclusion of the tort.Chapter four mainly discussed the methods of relief systerm. At first, it introducts the status of abstract administrative tort in our country. Secondly, it makes recommendations of improving relielf systerm of abstract administrative tort with three sections about Prior review, the matter of supervision and after relief.At Last, we must clear the areas between administrative legislature and othe abstract administrative acts. And it needed to be analysis the relations of abstract administrative tort and general abstract administrative acts to clarity its connotation and extension. On this basis, i advice that make Administrative Tort Law and change the State Compensation Law, Administrative Procedural Law, the Administrative Review Law to establish ccountability system of abstract administrative tort and to advance the implementation of the strategy of "The rule of law".