Administrative Actions Can Be V,

The justiciability of administrative behavior means the administrative behaviors can be reviewed by judicatory, and it is a basic theory question in administrative procedure law. The article discusses the theoretical foundation of administrative behavior's justiciability, the factor of influencing administrative behavior's justiciability, the standard of establishing administrative behavior's justiciability, the cause of excluding administrative behavior's justiciability and the relation between administrative behavior's justiciability and scope of accepting cases in administrative proceedings from analyzing the character of administrative behavior's justiciability. The article points out the defect in our administrative procedure system and offers some suggestions.The article is divided into five parts:The first part points out the question in scope of accepting cases in administrative proceedings from analyzing the actuality of our administrative procedure system. Firstly, the relieving scope of citizen rights is too narrow. Secondly, the mode of administrative right to sue is sole. Thirdly, the use of jurisdiction is restricted unreasonably, and the narration of research on dministrative behavior's justiciability is important to solve the questions.The second part explains traditional administrative power and modern administrative power's influence on administrative behavior and the signification and character of administrative power, that is the theoretical foundation for research on administrative behavior's justiciability.The third part discusses the concept and character of administrative behavior's justiciability, and analyzes the theoretical foundation of administrative behavior's justiciability on the basis of principle of separation of powers, principle of popular sovereignty and principle of human rights. The part demonstrates benefit character of collocating country power, law tradition, limit of jurisdiction, degree of developing democracy and legal system's influence on administrative behavior's justiciability. And points out the standard of establishing administrative behavior's justiciability such as standard of administrative authority, standard of damaging rights and interests, standard of excludingwhen the law isn't include.The fourth part firstly enumerates several common unsuable administrative behaviors including nation behavior, interior behavior, behavior of final administrative ruling, behavior that doesn't work on citizen's rights and responsibility, behavior that the law has offered enough relieving. Then, the part summarizes the main reasons of excluding administrative behavior's justiciability. Firsly, some country's judicial tradition regards some kind of behavior has not the justiciability in administrative proceedings. Secondly, the behavior is about politics. Thirdly, the behavior doesn't work on citizen's rights. Thirdly, the law has offered enough relieving for the behavior.The fifth part mainly introduces the relation between administrative behavior's justiciability and scope of accepting cases in administrative, proceedings. Administrative behavior's justiciability is the foundation of establishing scope of accepting cases in administrative proceedings, and scope of accepting cases in administrative proceedings is show of administrative behavior's justiciability. The part offer suggestions aim at the defect in our administrative procedure system: One is modifying administrative procedure law and innovating the establishing manner of scope of accepting cases in administrative proceedings. The other is consummating the rule of the scope of accepting cases in administrative proceedings.The last part points out the defect in our administrative procedure system and discusses the necessity of establishing case system in our administrative proceedings from the point of administrative behavior's justiciability and scope of accepting cases in administrative proceedings.