Externalization Type Internal Administrative Behavior Empirical Research

Affected by Special Power Relation Theory,the traditional view thinks that the Internal Behavior Between Administrative Subjects(hereinafter referred to as “Internal Behavior”)is unactionable,while more and more people starts to challenge the traditional view as per the development of social economy and the thorough investigation of administrative proceeding theory.Although the current law did not stipulate specific norm for the justiciability of internal behavior,the court takes the externalization of internal behavior as the basis for expansion acceptance during juridical practices(the so called Externalization of Internal Behavior means that such internal behavior affects the legitimate rights and interests of external counterpart),and brings externalization of internal behavior into the range of accepting cases of administrative proceeding.Due to the short of explicit criteria of externalization of internal behavior,this topic got many disputes during juridical practice,as a result it worth more in-depth studying.This paper is going to explore and analyze the justiciability of externalization of internal behavior from the point view of empirical study.Firstly this paper starts from the concept of externalization of internal behavior and determined that the essence of externalization of internal behavior is external administrative behavior by means of defining the nature and scope of externalization of internal behavior.Secondly this paper will analyze the necessity and feasibility of internal justiciability of externalization from the angle of theory and practice of administrative proceeding.Thirdly after confirmed the justiciability of externalization of internal behavior,the paper will emphatically analyze the criteria of externalization of internal behavior.Last but not least,this paper will analyze the problems that externalization of internal behavior will meet during specific lawsuit,and propose related solutions.The thesis mainly consist of four parts.Part 1,The Overview of Externalization of Internal BehaviorThe externalization of internal behavior is not the concept of academic theory,instead it is the concept formed during juridical practice.In juridical practice,we called the internal behavior which will affect the rights and interests of external counterpart as externalization of internal behavior.Part 2,The Feasibility Analysis of the Justiciability of Externalization of Internal Behavior.The so called justiciability of externalization of internal behavior means that externalization of internal behavior should be included in the scope of judicial review.The legislative intent of administrative proceeding,the requests of human right protection,the right relief theory,and the development tendency of administrative proceeding must require including externalization of internal behavior into the scope of judicial review.Meanwhile,our legislative regulation and the principle of the rights and interests affect the review coming into being during juridical practice provide realistic feasibility basis for the justiciability of externalization of internal behavior.Part 3,The Criteria of Externalization of Internal BehaviorThe reason why the internal behavior is called as externalization of internal behavior is that the internal behavior affects the legitimate rights and interests of external counterpart,so the key factor deciding whether one kind of internal behavior will constitute an external behavior is whether it will affect the legitimate rights and interests of external counterpart or not.The reason why the behavior of administrative subject will affect the legitimate rights and interests of external counterpart is caused by the practical use of administrative rights and its legal consequences.Part 4,The Related Issues of Internal Behavior Will Meet During Specific LawsuitOnce the internal behavior has justiciability and enter into the scope of judicial review,it worth an in-depth analysis on the judge path problem of specific internal behavior influence and the standard problem of judicial review.