Study Of Abstract Judicial Review Of Administrative Acts

Fully displaying the role of judicial organs in supervising the administrative power is the important mission of current improving the system of legal supervision. When it comes to the role of judicial organs in supervising the administrative power, administrative litigation is one of the most powerful ways which can solve this kind of problems. In China, the present provisions of Administrative Litigation Law keep abstract administrative action out of jurisdiction, which becomes a big obstacle when jurisdiction supervises the administrative power. Since the Administrative Litigation Law was promulgated for 17 years and in the article of being changed, most experts considers that it is necessary to bring the abstract administrative action under judicial review system control. The arguments and comments of legal scholars have its own value, though it is still weak to legislative work. Therefore, it is valuable to study how to bring abstract administrative action into the scope of judicial review.This paper firstly commerce analysis the condition of abstract administrative action violation and the defect of supervision system to abstract administrative action. After that the author analyses and demonstrates the necessity of bringing the abstract administrative action under judicial review system control. However, the necessity of theory is not certain feasible. Thus, the author in addition to analyze the necessity; also studies its feasibility. Meanwhile the author emphatically discusses the problem of independence of judicature and gives his initial proposal in strengthening independence of judicature. At last, this paper also put forward the specific suggestions in the operation system of judicial review from some main aspects.