Research On Lawsuit Against The Abstract Administrative Action

In the administrative proceedings, the abstract administrative act may be actionable problem is an important issue, abstract administrative acts actionable decided subject to administrative supervision of administrative acts of the judiciary authority, the legitimate rights and interests of the executive relative to how much maintenance are also available from the abstract administrative acts v. or not to decide. With the continuous development of China's legal system construction and improvement, especially in the administrative procedure law, as well as administrative proceedings related to the in-depth theoretical study and practical experience in the trial court related to the accumulation,in particular, the establishment of the rule of law in our country, our country in the case of administrative proceedings by the scope of problems in the increasingly prominent, the relevant legislation needs to be addressed.Administrative proceedings by the case does not cover all of the administrative dispute, the Chief counterpart can only belong to the law by the case of the administrative dispute within the scope of legal proceedings. Administrative relative who can not be the case outside the scope of administrative dispute filed administrative proceedings, if the case under the scope of administrative litigation is too small will fail to come to the legitimate interests of the executive is relatively adequate relief, but also for the executive administrative power indulgence . Subject to the provisions of the scope of the case is not clear, but also result in judicial practice and the practice of different parts of the court, undermining the fundamental principle of justice.As China's reform and opening up the pace gradually increased under the conditions of the socialist market economy, the state administration in the management of the role of the community to further strengthen, in particular, is the growing awareness of the law of our citizens and strengthen the administrative side of the legitimate rights and interests of the relative maintenance of the gradual attention on the abstract administrative acts actionable or not to undertake a study has its practical significance. However, China's current administrative actions on the abstract theory of actionable research has yet to be strengthened, and the basis of relatively weak, and abstract administrative acts actionable sex-related legislation and judicial interpretation although adjusted, but there are still many problems to be solved.Deng Xiaoping's thinking of the main elements of democracy and the rule of law the rule of law in order to achieve the goal of building a socialist country ruled by law. In the 1999 amendment to the Constitution, Article V addition of "The People's Republic of China to implement the rule of law and building a socialist country ruled by law" requirement. Thus, the state has identified the fundamental law of the country strategy of rule of law. Been very closely associated with the rule of law is the protection of human rights and the legitimate rights and interests of the executive relative maintenance, which is the fundamental requirement of modern democracy and the rule of law.In order to ensure that the administrative counterpart of the basic human rights, but also in order to allow the executive relative relations in the administration of the legitimate rights and interests of the Chief of the main assault timely and effective access to relief, should establish and perfect the administrative law relief system, which is currently the Chief Legal the construction of urgently needed. Administrative proceedings with a certain amount of relief benefits. If our legislation can break through the existing administrative proceedings subject to the limits the case to establish and perfect the system of administrative law remedies, we can fully protect the legitimate rights and interests of the executive relative and should therefore be right of the executive conduct a comprehensive monitoring.In discussing the scope of administrative proceedings by the case, the relevant works, most scholars have emphasized the scope of administrative litigation was established by the case, should conform to China's national conditions. Legislation is of course taking into account national circumstances, but for different conditions of people have different views. People from a different perspective to see the situation is not the same. In the administrative proceedings, the current Chief of China's basic national conditions and the legitimate rights and interests of the relatively frequent violations of relief without a corresponding way. Administrative relative who has a dependent relationship between the executive authorities, leading to administrative relative person is unable to sue the executive branch, which is currently in the scope of administrative proceedings to determine the best conditions should be considered. The scope of administrative litigation cases identified by the first consideration should be given effective protection to the legitimate rights and interests of the executive relative, through the progressive development of administrative litigation legal consciousness of citizens, as well as ways to solve the problem through the proper sense of the proceedings. Litigation consciousness of our citizens has not yet reached a certain intensity, and will not cause a large number of litigation cases have emerged. Because of the conditions of the wrong interpretation, resulting in excessive administrative proceedings limits the scope of administrative proceedings by the case. Therefore, in order to enable the legitimate rights and interests of the executive is relatively fully guaranteed to strengthen their rights protection awareness, we must expand the Administrative Procedure Law on Administrative Litigation in the scope of the provisions, if the executive is relatively the legitimate rights and interests of the administrative behavior of the main terms of reference only, they should give it to the people's right to bring administrative proceedings. Therefore, the relevant case law on the scope of administrative proceedings by the amendment is the current legal system's urgent needs.