The Research Of The Justiciability Of Procedural Administrative Act

Procedural administrative act is an academic concept of administrative law,it corresponds to substantive administrative act.It is the classification of administrative act according to whether administrative act has direct legal effect on the relative's rights and obligations.It is generally believed that since the content of procedural administrative act is not finalized,the rights and obligations of the relative person have not yet had a practical effect,so the judiciary should not be involved in censorship,it is not justiciable.But in exceptional circumstances,as Article 3 of the Supreme People's Court on Certain Issues Concerning Administrative Licensing Cases stipulates,the procedural administrative act that leads to the actual termination of the administrative procedure can be sued.Here comes the problem:Why is procedural administrative action not to be sued in principle?What is the standard of judgment that can be sued in exceptional cases?The No.69 Guiding Case issued by the Supreme Court response to the concern of academic and administrative judicial practice in whether procedural administrative act can be sued or not.It has refined the judicial thinking of the court,and it also shows the Supreme Court's attitude towards this issue.In my paper,the first chapter introduces the background and the origin of the problem.Through the analysis of the basic facts and the judicial reason of the No.69 Guiding Case,I put forward the problem that needs to be solved.The second chapter is the definition of the concept of procedural administrative act,it points out that the concept of procedural administrative act should be understood in the perspective of broad administrative act,and it cannot be attributed to the scope of factual or quasi-administrative act in general,but should make specific judgment combined with the case.The third chapter firstly clarifies that the justiciability of administrative act should be based on the scope of administrative litigation.And then through the interpretation of the terms of "actual influence of rights and obligations",and the analysis of related legal norms and judicial precedent,I try to put forward the general standard to judge the justiciability of procedural administrative act.The fourth chapter selects the typical cases of two different types of administrative procedures:multi-stage administrative act and single administrative act,to see whether the four criteria proposed in this paper can be applied to judge the justiciability of procedural administrative act in different administrative procedures.