Administrative Rules And Their Judicial Effect

Administrative rules are accompanied by the expansion of executive power of the modern generation. Facing numerous, complex administrative affairs, administrative organs in the implementation of legal activities were confused by the lag problems of administrative law. In order to improve the level of enforcement of the executive, the executive enact administrative rules to fulfill the need of management of public affairs and provision of public services. On the basis of the theory of administrative law, administrative rules belong to the category of internal administration, so the rules can not be obliged by administrative counterparts. However, according to the research on administrative rules in Chinese academic, the logical starting point of the study is very chaos. Some scholars hold that making administrative rules is internal abstract administrative action. And others gives new meaning to the administrative rules by the combination of administrative law’other normative documents’and advocates administrative rules are the regulations without administrative regulations and regulatory documents. In the current chaos research, the paper argues that the nature of administrative rules should be gone back to the traditional theory of administrative law, and administrative rules should be defined as an internal abstract administrative behavior. On the basis of the nature of administrative rules, although administrative rules as a part of the abstract normative documents, they only can be the validity of internal behavior. But with the application of administrative rules, the effect would have been broken through the interior. so the administrative rules can indirectly affect the rights and obligations of the administrative counterpart. When an external validity generating from internal administrative rule, justice should be turned passive bystander into intervener. By the bridge of judicial review, the judicial effectiveness of administrative rules should be acknowledged. The determination of judicial effectiveness of the administrative rules is the focus of this study.In the study of administrative rules and judicial effectiveness, the main research method the combination of normative and empirical and interdisciplinary research methods. Administrative rules is a theoretical concept, we must expand the study from the perspective of fact and normative levels. On the factual level, it can reveal the nature and origin of the administrative rules. And on normative level, it can figure out the effectiveness of administrative rules. In the study of the administrative rules and judicial effectiveness, the paper also use multi-disciplinary knowledge research method to view administrative rules from multiple perspectives. The paper makes progress both in numerous recognition and judicial effectiveness of the administrative rules. As a rational science concept, the connotation of administrative rules is determined. But there are more abundant extension which consists of organization of administrative rules, interpretive administrative rules, discretionary administrative rules and supplementary administrative rules. There is a difference in the confirmation of the effectiveness of the different judicial administrative rules.