Study On The Justiciability Of Administrative Regulatory Documents

The Eleventh Meeting of Twelfth National People’s Congress Standing Committee of the People’s Republic of China, has announced the decision of amending People’s Republic of China Administrative Procedure Law. The revised "Administrative Procedure Law" will take effect on May 1,2015. It has been twenty-six years since the promulgation of the first modification of the Administrative Law. The extensively revised-range and many highlights have been getting the attention from the whole society. The changes include the filing review system to the registration system, reducing the filing threshold, expanding the scope of administrative litigation, further improving the administrative proceedings jurisdiction system, setting up administrative region under the jurisdiction of the people’s courts across the legal basis for administrative cases, explicitly requested the trial process without interference of the executive government to ensure the independence and impartiality of the trial. Although there are many new changes in the newly built Administrative Procedure Law, but whether we can solve the modified file for traditional "people suing government officials" encountered high threshold, the scope of the case by the trial process is still too narrow. Low winning rate and difficulty to obtain compensation and other issues are waiting to be solved in judicial practice.In the newly built Administrative Procedure Law, regulatory documents, as abstract administrative actions, are excluded from the scope of administrative litigation. There are a lot of administrative regulatory documents frequently used, which have high possibility of affecting people’s rights and interests and causing damages. Judicial review of administrative regulatory documents will be able to achieve a significant improvement of administrative law. Only administrative regulatory documents are included in the scope of administrative proceedings by the case, can we effectively prevent illegal abstract administrative action and protect law-based administration.