Case Analysis About The Suability Of Internal Administrative Act

The legislation of administrative law in our country started late, with the advancement of legislation, the system of administrative law is gradually perfect,but by the history, tradition, legal background in China and Germany and Japan the influence of"special power relation theory",internal administrative act has been excluded from the outside the scope of accepting cases in our country "administrative procedural law".And as people consciousness enhancement, the emergence of new power type,the existing laws and regulations can not meet people’s claim, also receive the attention of experts and scholars,therefore, internal administrative act into "administrative procedural law" the scope of accepting cases is imperative.In this paper, from the selection of some cases happened in recent years, the "reply" combining cases and legal theory,according to the focus of controversy is analyzed fromdifferent angles,try to find out the basis of the "approval" actionable.Writing of this paper is mainly composed of four parts,main content includes:The first part:the "reply" to introduce the case,case dispute focal point is put forward.The second part:this section focuses on the analysis of the controversy,includes the following content:first,starting from the internal administrative act itself,explore scholars define to internal administrative act,summarizes the characteristics of the internal administrative action,classified according to the analysis of the properties of the"approval"in this case.Second,by looking for related laws and regulations in our country,from two aspects of procedure and entity theory analysis the case of the legitimacy of"approval".Third,based on the law of our country,on the review of the internal administrative act the necessity, significance, feasibility, analysis of internal can sue of the administrative act.The third part:this part is through the illustration of the administrative judicial system and judicial review system from the Anglo-American Law system and continental legal system,to analysis what the administrative trial system in our country should use for reference from them.The forth part:this part is according to the case of some thinking,from the scope of accepting cases, power distribution, construction of citizens’ legal consciousness, the court itself has ruled out the cause of the internal administrative action in our country are analyzed,and from two aspects of the administrative relief and judicial relief. In this case the inside administrative behavior of actionable recommendations,hope will be helpful to later readers.