The Nature Of Administrative Refused And Its Judicial Eview

As a common form in administrative affairs,the definition of administrative refused issuffered the difference in theory as well as in practice. In theory,the difference is focusedon the distinction between administrative non-performance and administrativeperformance,while in practice the difference is focused on the standards of judicialreview,which is rooted from the theory.The result is some court take administrative refusedto judicial review as administrative action illegal,while others is as administrativeperformance,which cause the judicial review inconsistent.On the other hand,the existinglawsuit type cannot resolve the problem of the right remedy of individualfundamentally,because of the limitation of administrative lawsuit type.Therefore,it isnecessary to bring obligation imposing lawsuit,which can contribute to correct thedeficiency of current lawsuit type,to avoid the generation of circulate lawsuit,to intensifythe protection of individual.The article is composed by five parts. Part one introduce the feature of theadministrative refused as well as induce its chief form;Part two discuss the nature ofadministrative which begin with the distinction between administrative non-performanceand administrative performance,that by the way of the analysis of administrativenon-performance in theory;Part three discuss the issues in current judicial review ofadministrative refused by the empirical analysis of cases in judicial practice.Part fourprovide the mentality of the construction of judicial review by discuss the foreignexperience of administrative non-performance judicial review,especially with the representof lawsuit type in Germany.Part five is major in the discussion of obligation imposinglawsuit,which include the relationship between obligation imposing lawsuit and others,the target subject matter of obligation imposing lawsuit,and the discussion of the necessity andthe practicability to apply to the the lawsuit hereby in our country,that try to rebuild thejudicial review in our county on the foundation of obligation imposing lawsuit.