Study On Actionability Of Internal Administrative Act

In the theory of administration law, the administrative act is classified by the actionobject. The administrative act could be classified as internal and external. Internaladministrative act indicates the behavior acted by administration subject while whosemanagement and administration to its internal administration levels. The internaladministrative act only acts to its internal objects. According to the AdministrativeProcedure Law of People’s Republic of China, the awarding, designation and dismiss ofadministration staff do no need the charge by People’s Court.Interpretation and foreign current state of actionability of internal administrativeact. The interpretation starts from the concept of internal administrative act,differentiation of internal and external administrative act. Further more, certaindemonstrations of native internal administrative act were listed in the paper. By thecomparison with other countries’ laws, we found that certain current state could be sued.The feasibility and necessity for actionability of internal administrative act. In thispart, the feasibility, necessity were discussed. The paper listed the theoretical influenceof actionability of internal administrative act, existence of infringement and unsmoothsupport. Meanwhile the paper also discussed the theoretical and practical support ofactionability of internal administrative act.The paper studied the ranging of actionability of internal administrative act.Clarified administrative act could be protect of relative object. The complexity andbroadness of internal administrative act may not be reviewed one by one by this paper,however, ranging is very crucial. The ranging standard could be classified asmacroscopic standard, and microscopic standard. In macroscopic standard, thejurisdiction can interfere with the administration, which can be applied with the law iswriting.The microscopic standard includs internal administrative act is illegal,internaladministrative act encroach the legitimate rights of life and property,internaladministrative act is a accomplished action and can be applied in the law practice. Somespecified research under the standard can make the interpretation more comprehensive.