Research On Abstract Administrative Omission As Judicial

With the continuous development of social economy and the continuous change of the social management mode, the executive power enjoyed by the state administrative body is also expanding constantly. The abstract administrative action has been gradually deepened to all aspects of our life, naturally for the abstract administration.As a result, the cases of infringement of our legitimate rights and interests will increase, the existing system for the abstract administrative omission is still a lack of very effective supervision, resulting in the absence of supervision of the phenomenon.From the judicial level, the theoretical circles have been advocating the establishment of abstract administrative omission as the case, and analysis of the establishment of the theoretical basis, reality, feasibility and so on. However, the establishment of a legal system is not accomplished in one step and needs to be conducted in accordance with local conditions. Therefore, the Administrative Procedure Law of China has been revised in 2015, but the abstract administrative act has not been clearly established,but the abstract administrative act has been stipulated. Judicial review, even for the review did not include the scope of the administrative acts of the case, some regret,but to a certain extent,can also be seen as abstract administrative omission into the field of judicial proceedings, new trends and new developments, The establishment of the abstract administrative action system of the first step.This article will first elaborate the abstract administrative omission as the concept,classification, characteristics, as well as the constituent elements, for this part of the content of the first discussion, will help us from the substantive understanding of administrative omission cases of judicial theory. Secondly, it will mainly elaborate the current administrative lawsuits legislation on the abstract administrative omission as a way of relief, that is judicial adjunct review provisions, characteristics and the existence of the dispute and the plaintiff qualification problems, focusing on the establishment of abstraction Administrative litigation, especially abstract administrative omission as the theoretical basis, reality, urgency and so on. Finally, it discusses the current legislative provisions and puts forward their own views and suggestions on the next step of administrative and legislative reform. This includes putting abstract administrative negligence into the scope of administrative litigation,expanding the scope of examination, Prosecution review, supplemented by the review mode, expand the review of power, the establishment of abstract administrative public interest litigation, a clear plaintiff qualification.Abstract administrative act has become a normal form of state management, should be effectively supervised and improved,although the current legislation is only limited to the abstract administrative documents outside the regulations,I believe that the combination of China's national conditions and the rule of law, will The development of abstract administrative action as the establishment of the action of omission is only a matter of time and practice.