Expands The Court To Examine The Power To The Abstract Administrative Action The Research

In recent years, because the Administrative organ the varying degree presented the carrying out department standard and the regional protectionism in administration's process, in recent years the abstract administrative action's illegal phenomenon assumed the trend of escalation. For the maintenance administration opposite party's legitimate rights and interests, will abstract the administrative action to integrate the judicial review scope to become ultimately. The People's court carries on the judicial review to the abstract administrative action to implement the active oversight and the restraint important way as the jurisdiction to the executive power, has become the important link which the socialism government by law society constructs. Under the current legislative system, the abstract administrative action was still removed in the administrative proceedings the document scope outside. How to carry on the reform to the current judicial review system to promote the Administrative organ administration according to law, to realize the administrative proceedings judicial review proper surveillance effect, the safeguard socialism government by law idea continually advancement, meets under the new situation social development need, without doubt has the important meaning. this article is divided five chapters to launch the elaboration to the abstract administrative action's judicial review research. The introduction has confessed the research background significance and administrative action's elementary theory. The middle several chapters introduced the current administrative proceedings only carry on the examination to the concrete administrative action the present situation, had pointed out exists the question, the limitation and the consequence and have carried on showing. Last part is also this article key part, established to our country to the abstract administrative action judicial review system's necessity and the feasibility has carried on the elaboration, and has carried on the forecast on the administrative proceedings judicial review system reform's way and the direction, proposed own view to judicial review's concrete essential factor.