On The Suability Of Abstract Administrative Action

Administrative litigation law in our country has been established for many years, to enhance the citizen’s weak position, limiting the expansion of the administrative power, in many respects, have achieved good results. But in our country, the scope of administrative litigation is still narrow, especially abstract administrative act is not incorporated into the judicial review, cannot be sued, China is now a prominent social and legal issues. From a practical point of view, is not conducive to the power restriction, the protection of human rights and China’s socialist rule of law in the process. The development trend of administrative litigation, the scope of administrative litigation is gradually expanding, and scholars on litigability of abstract administrative behavior of never interrupt, build effective abstract administrative act litigation system has been an important issue in academic research. In order to better protect the legitimate rights and interests of citizens, the author thinks that we should bring the abstract administrative acts into the scope of administrative litigation, from theoretic, practice clearing action of abstract administrative act of the disorder, and to establish corresponding system to ensure the effective implementation of the actionable. This article from the abstract administrative behavior Non-actionable malpractice and problem proceed with, the lawsuit necessity undertook thorough analysis.by its nature studies have demonstrated the feasibility of action of abstract administrative act. On this basis, we refer to the " public interest litigation system" mode, construct abstract administrative act lawsuit system, accompanied by the court to review the system conception, make action of abstract administrative act to become a reality. According to the above ideas, the frame of this article is as follows:The first part is the introduction, focusing on the background, theory value and domestic litigability of abstract administrative behavior in current situation and development of premise background exposition, to clear the academic significance, basic ideas.The second part of the abstract administrative actions can not be prosecuted for reflection. Never can tell the origin and malpractice litigation, the necessity and practical significance of the three aspects, a comprehensive demonstration action of abstract administrative act is consistent with the political requirements, in line with the development trend of the world today, in a greater degree of security administrative benefit, restrict public right operation,.The third part of the abstract administrative behavior analyzing the nature, has clarified the abstract administrative behavior and administrative legislation difference, then the abstract administrative behavior and concrete administrative behavior were compared, eventually reached two in the category of administrative behavior is essentially the same, with actionable.The fourth part focuses on the action of abstract administrative act of the related system construction. First from theoretic seeking of abstract administrative act judicial review system is constructed according to its necessity, then carries on the analysis, finally proposed a to bring the abstract administrative acts into the rail way of legal supervision, the author describes in detail the system start, operation and relevant issues, hoping to protect people’s legal rights, standardize administrative organs exercise of rights, perfect the system of administrative litigation purpose.