Judicial Review Of The Abstract Administrative Behavior In China

Abstract administrative action is administrative bodies'legislation and promulgation of behavioral patterns with common binding force pursuant to related legal scopes and procedures. These behavioral patterns refer to rules and regulations issued by administrative authorities. The current legal society requires that abstract administrative action be subject to judicial review which in turn requires the establishment of corresponding judicial review system. Judicial review of abstract administrative action means the examination and supervision of the validity of administrative legislation and the resulted behavioral patterns, by legal institutions with jurisdiction. In China, judicial review of abstract administrative action has solid theoretical basis and extensive practical foundation. In this respect we can learn specific provisions, operational mechanism and valuable lessons from western countries, where judicial review of abstract administrative action is commonly established as an essential part of their legal system.In China, at present stage, because of the problems residing in abstract administrative action, illegal executive performances are aggravating. However, current legislative reality of judicial review of abstract administrative action dictates that the judicial review will be indirect, ancillary, concrete and limited, thereof causing all kinds of inconvenience and embarrassment in judicial operations and resulting in the ineffective legal supervision of administrative power. Therefore, the judicial review mechanism for abstract administrative action being lagging behind the needs of developing a legal society, it should be consummated. Furthermore, the consummation of judicial review mechanism is required not only by the need of perfecting the legal supervision system of administrative exercises so that the administrative organs will execute in line with the current Administrative Reconsideration Law of The People's Republic of China, but also the requisition of our joining WTO and abiding by its regulations. The primary condition for conducting judicial review of abstract administrative action is to grant the corresponding authority to courts with jurisdictional duties. That means to accelerate legal reform, to ensure judicial independence, and to identify the object and scope of judicial review. In addition, concerning consummating the process of judicial review, this paper puts forward some operational suggestions about the body, means, scope demarcation, standard establishment and arbitration of judicial review.