An Example Of Externalization Of Internal Administrative Actions

The phenomenon of external internal administrative act in the administrative practice is not rare,but for the lawsuit,the court's attitude around the country is big difference,for the further theoretical research,such as external elements,actionable basis is seldom mentioned.In order to guide around the referee,clearly accepted standards,the Supreme People's Court issued the guiding case No.22,the guiding case clear the internal administrative behavior of external litigation problem,if lower authorities carries out reply approved by higher authorities directly,have a real impact on the related rights,rights of people dissatisfied the reply to a lawsuit,the people's court shall accept.The guiding case for the local courts with reference to a great role in a case,case No.22 issued to solve some problems around the judges,but it did not respond to the elements of the internal administrative behavior of external and deep theoretical problems of the judicial basis of the Supreme People's court,and the judicial practice need this a series of questions.In order to resolve the problems in the judicial practice,the elements of this paper by the case study of the phenomenon of external internal administrative behavior,combined with the existing theoretical materials,extract the independent significance of the action,the exercise of administrative authority,the legal effect of these three factors,and the internal administrative acts of external actionable on the basis of and necessity are discussed from the legal level,in order to resolve the problem of justice.