The Externalization Of Internal Administration Action

In traditional theories and judicial practices, Internal actions are excluded fromthe scope of accepting cases of administrative litigation. But in recent years, the socalled “externalized internal actions” comes up and were vastly accepted to judicialreview. However, there are no definite expressions in laws and theories and notenough analysis on what exactly is externalization and the factors of it.Through analysis on the concept of “Administrative Action”, I propose to use“Internal Action” instead of the improper “Internal Administrative Action”. And inthis thesis, internal action refers to the actions to the administrative institution’s inneremployers, departments and its subordinates, like instructions and reply.Then I concentrate on the interpretation of the administrative litigation law andthe scope of accepting cases should be this: any actions conducted by thegovernment have the probability to be prosected unless it is clearly eliminated by thelaw. On the basis of this, I select12related cases on this issue and analysis thefactors of “externalization” in detail. The conclusions are as following:1. Theexternalization should be dependent instead of an indispensable part of an action bythe government.2. To be externalized, an inner action should be through a certainmethod. But the core of externalization does not lies in the method itself but the inthe outward meaning expression of the government.3. The government bodies whoconduct the action and externalize the action should be “one in essence”.4. Themethod of externalization should be legal and the illegal methods which conductedby the relative person shall be eliminated.5. The standard to judge the legal effectshould be relatively loose. As long as the effect to the relative person is definite andactual, it should be affirmed as legal effect, no matter it is conducted directly to theperson or not. At last, i make a flow chart to judge externalization by integrate thevariables of each factors. At last, I point out that it is inappropriate to rule the standard of externalizationby case instruction. The prime way is to modify the administrative litigation law andadd the new concept of “other actions of public power.