The Research Of Abstract Administrative Acts Actionable

The scope of administrative litigation.it is also known as "administrative jurisdiction" or "the scope of actionable conduct." court-supervised administration is in essence to the scope of conduct, it reflects to a country's degree of perfection of the legal system. At present, China's Administrative Lawsuit relatively narrow range.it is reflecting the strong executive power in our country, and the judicial power of the national status is relatively weak. Therefore, in order to balance to the powers of the state division of labor, the establishment of judicial power and executive power of the positive interaction mechanism should be in our country within the existing to the legal of framework appropriate to expand the scope of judicial power to further expand the scope of administrative proceedings by the case. The formation of a system of a country, the people of the history of selection, some system change, and we must closely fit the country's social infrastructure, as well as political. Economic, and cultural foundation. "People's Republic of China Administrative Procedure Law" stipulates that the people's court will not be accepted on the administrative rules and regulations.or regulations issued by the executive authorities is formulate a universally binding decisions.orders and litigation. Therefore, in our country, abstract administrative acts to be excluded from the scope of administrative proceedings by the outside of the case, the non-actionable. The reason why such a provision, and the legislature at the time of the country situation and the economic development of the legal system adapted to the situation. As the former vice chairman of the National People's Congress Wang stressed "the court accepted the scope of administrative cases, the Administrative Procedure Law which theimportant question to resolve. To consider the actual situation of our country at present, administrative law is not complete, people's court is also not enough sound administration. Administrative Procedure Law provides that 'public officials can be both'.has updated the concept of problem, there is not accustomed, not meet the problem, there is also the issue of affordability.so it should not be subject to the provisions of which the scope is too wide now. but should be gradually expanded in order to facilitate the administration the implementation of litigation systems. "However, as the reform process to the breadth and depth of development and social reality of the executive power necessary allows the rapid expansion of executive power .there are often forced to" law "to provide the Government with more power. Given the wide range of administrative matters, the complexity and diversity, on the proper administration of the "decentralization" very necessary, that is given the dynamic understanding of the executive authorities and the law enforcement powers, including the development of the power of abstract administrative acts.In the economic and political reform at the same time profound changes. China's legal system has been developed and improved. At the increasing legal awareness of citizens, the Government has gradually raised the level of administration according to law. the specific administrative act has been strengthen the legitimacy of the review of the background, the Government's legislation, law enforcement should be a higher level of requirements, not only to the specific judicial review of administrative acts, but also to the specific administrative act as an abstract basis for judicial supervision of administrative acts. Practice shows that the proliferation of abstract administrative act has been gradually evolved into the implementation of department-based, and important barriers to local protectionism, the alienation of the right to formulate an abstract administrative acts which directly affect the internal formation of a unified market, hindering China's socialist market economy, a healthy and orderly development, especially in the case of WTO. how to carry out external commitments, fulfill its obligations under the law.it has become an unavoidable issue in the Government before.At this stage to expand the scope of administrative proceedings by the time, the case has been ripe for some abstract administrative act into one of the legal system is not only the needs of administration.the requirements of the rule of law in society, but also with the possibility of a reality. The majority of worldwide countries and regions, including our country have set up a monitoring mechanism of abstract administrative acts, but did not like our country to other countries and regions will be as clear an abstract administrative acts into the scope of administrative litigation. Lack of judicial supervision of administrative actions to make our country an abstract oversight mechanisms exist serious deficiencies. In order to better protect the legitimate rights and interests of citizens.comply with the "WTO" the needs of abstract administrative acts should be included in the scope of administrative litigation. It can be said that this abstract administrative act does not break through the iron wall to further expand the scope of administrative litigation out of the question.