Concerning The Abstract Administrative Action Of Judicial Review

The abstract administrative act refers to the administrative rules made by the administrative organ which has the universal binding force for the unspecific matter formulates in view of the unspecific person.Under many situations, the abstract administrative act is the basis for administrative organ to make the concrete administrative actions, and it is playing an important role in the national administration process, but it has caused in reality also many questions and the dispute, some time abstract administrative act also changes into the tools to violate the legitimate rights and interests of citizens.In our country, establishes the abstract administrative act judicial review system has the full theory basis and the widespread realistic foundation, related concrete legal rule, the technical operation as well as the mature procedure of the West countries under the rule of law also has to our country certainly profits from the significance. At the same time, carries on the judicial review to the abstract administrative act, constructs the modern country under the rule of law is an unevadable questions, therefore, to promote the advancement which manages state affairs according to law, defends citizen's legitimate right and interests, the promotion Administrative organ administration according to law, establishes in our country to the abstract administrative action's judicial review system then appears especially urgent.Speaking of our country abstract administrative act judicial review scope, because the constitution and the relevant law had already stipulated the more perfect supervising mechanism to the administrative rules and regulations, therefore only need integrates the administrative regulations and other regulated document the examination scope. Considered the abstract administrative act sometimes encroaches upon the public interest in the real life and the situation to occur sometimes also is quite serious, has the necessity to entrust with the procuratorial agency administration right of prosecution. About the institutional arrangements of abstract administrative act judicial review lawsuit jurisdiction, to enhance the examination the quality and the benefit, we should enhance the forum rank suitably. When construct abstract administrative act judicial review system, the union current law the related content which examines to the concrete administrative action, the research abstract administrative action judicial review prosecution way, the examination standard, the onus, the court referee as well as the related safeguard system, without doubt have the positive function and the significance to establishes comprehensive, the highly effective reasonable judicial review system in our country.