The Research On The Judicial Review Of Administration Plan

As an effective method to manage a country, administration plan had already been existed in traditional national system, such as national finance budget. As the continuous development of society, the modern country has been changed gradually from a passive "night watchman" to be an active social participant and public responsibility undertaker from the end of nineteenth century to the beginning of twentieth century, meanwhile various service and welfare are offered to all social members via plenty of administration methods and plan, that is service-oriented government. During the national management, service government is requested to provide with function that it is enabled to offer public articles for society regulate macro-economic, safeguard market order, redistribute income and property, and build social safeguard system and so on. However, under the background of social diversification, the country encounter tremendous contradiction between social resource and demand from human being, which means traditional management method are challenged by reality. Therefore, administration plan has been gradually attached common importance from national administrators. The coming practice also approve that administration plan is in a position to make well use of the all kinds of social resources, to ensure to satisfy public requirement with its greatest efficiency and alleviate the contradiction between supply and demand.Administration plan is also as an important administration conduct in our country; meanwhile play an important role to ensure national management goes smoothly. Generally speaking, administration plan is not only a simple government working plan, it also take essential significance on a numerous of people's life during a certain period in future. However, in our social practice, administrative rule of the establishment, content and change has great discretion because of procedural guarantee absence of reasonable, effective supervision and social participation, which result in a great deal of disputes and contradiction existed in our society. For all kinds of reasons, both of the theory and practice people regarded administration plan has the nature of abstract administrative act, and classify it as the areas of abstract of administrative act with one-sided views, which excluded administrative plan outside the scope of judicial review. To be sure, with the deepening of the process of urbanization,while a large number of infrstructure projects such as highways,railways,airports,power stations,ect.,needing to take up lots of land, must be involved in housing demolition, land compensation, environmental protection, etc. problems, which inevitably lead to a large number of disputes related to administrative planning itself.As for the legal regulation of adminstrative plan,both of academic and pratical people tend to use substantive law to guarantee its legitimacy and rationality,the details of many adiministration plan become very complecated due to the rapid development of modern society,through substantive law to formulate,change and revoke procedure to ensure the reasonableness of the specific content of form has appeared to be inadequate. Therefore, the relief afterwards is very important.It can be said that bringing administration plan into judicial review is pratical needs and it's also an important step forward to acheive the rule of law in our country.From the theoretical research results of our country, china's research for administration plan area are relatively late start, and the theoretical research results have been achieved mainly cencentrated on the definition,classification,properties and so on,but the quantity of the articles which is in-depth study of judicial review is limited. A superficial theretical research is difficult to show a resonable guidance for judicial practice.The topic of this thesis based on the theory should be used into practice with its aim and starting point that adminstration plan is proceeded by judicial review's specific system conception,and based on the reality to research deeply ,including justiciability, the target of judicial review, and related legal issues.This thesis consisits of five parts.The first part illustrates the fact against civic right by three tipical cases adminstrative act made by unlawful or improper adminstration plan.Thus, it can bring to proceed judicial reviewfor administration plan.The second part mainly define connotation and denotation for adminstration plan.Firstly,it analyses the cause for adiministration plan and define its important role in national management.Secondly,it solve the dabate in theoretical circle whether used the word adminstration plan or adiminitration schedule.And it's clearly defined that using administration plan is much more realistic based on the actual situation of China.Thirdly,it is illustrated by two section for the type and nature of administration plan,which to make preparation for later paper to discuss the juticialbility of administration plan.Lastly,it analyses the important relationship between administration plan and judicial review.The third part is mainly to solve the need for judicial review of adminstration plan.There are four main reasons. Firstly,it's helpful to regulate the rights for adminstration plan and ensure administrative body to perform rights according to the law.Secondly,the procedure of administration plan has many issue,which ie requested supervision from judicial review.Thirdly,the pratical interest needs from executive relative are protected. Lastly, western countries have builded a relative prefect system for judicial review system of administration plan.The fourth part is to analyse specific ideas of buliding judicial review in our country for adminstration plan. First of all, it solve judiciability issue through deferential treatment views and through by the case to analyse the nature of administration plan.Secondly,it defines the scope of judicial review for adminstration plan,including object-level scope and action-object range.Thirdly,to analyse the procedure's time,the conclution is that the most appropriate time for intereted party proceedings should be announced after approval. In the final analysis,judicial review for adminstration plan is an important process,namely the adminstrative reconsideration and administration litigation procedures converge:the doctrine of pre-war and the choice.Finally,in the conclution part,this thesis analyses the trend of judicial review for administration plan based on the actual situation of China,and places good expectation.