Research On Judicial Review Of The Former-leveled Administrative Action

With the development of modern administration, the feature of the administrativeactivities is becoming complexity and specialized. To complete an administrativeaction, we usually need multiple administrative organs participate with each other indifferent ways. The traditional theory of the administrative action is in the center ofthe administrative behavior. Compared to the former function, it emphasis onexecutive function more over. And it forms the aspect of static state and fixed point.The problems of the administrative process have not been given attention. The theoryof the administrative action does not reflect all the phenomena of the modernadministrative. Therefore, I want to improve and supplement the administrative actiontheory and try to introduce the theory of illegal inheritance through comprehensivereview of the theory of the determination of administrative action. The purpose is toimprove the system of judicial review in the reality.This paper is divided into four parts:Part I: Introduction. This section introduces the background and significance ofthe article, research status, research ideas and content as well as research methods andinnovations, the purpose of the section is to show the theme of the article.Part II: The outline of the former-leveled administrative action. This sectiondefines the basic concepts of the former-leveled administrative action, and briefly discusses the various stages of development and the theory of administrative law’sarising. On this basis, they can introduce the theory of illegal inheritance.Part III: Judicial review of administrative barriers to the previous stage acts. Thissection describes the major obstacle to the previous stage of judicial review ofadministrative action by both theoretical and institutional point of view, on the basisof detailed analysis of the previous stage through administrative action suability, bythe scope of the case, review criteria and review methods and other related issues todiscuss and study the behavior of the previous stage of judicial review ofadministrative necessity to build the system, we can find that the former-leveledadministrative action is very difficult to enter in the range of judicial.Part IV: The system of judicial review of the former-leveled administrativeaction will be built. This section will explore possible paths to achieve the previousstage of the administrative acts of censorship, the author introduces an administrativeprocess theory and illegal inheritance theory, in order to act on the multi-stageadministrative analyze the various stages of the legal structure through specific case-stage administrative action to correct the scope of accepting cases, the statute oflimitations, the review criteria and review methods and other aspects of the system,thus improving the judicial review system of former-leveled administrative actionbased on the original.