Research On Judicial Review Of The Previous-stage Administrative Act

With the increasing complexity of administrative affairs,an administrative activity requires the participation of other administrative organs to achieve.The traditional judicial review of an individual administrative act,which is partial,isolated to analyze the legal effect,to ignore the inherent relevance,has been unable,to resolve the issues that have been made in a series of stages of administrative act.Although there is little research on the concept of the previous-stage administrative act in our country,it has been embodied in sporadic legislation,however,the judicial review of the previous-stage administrative act has not provided uniform rules in laws and regulations,so in judicial practice,there are different standards for the review of the previous-stage administrative act.Therefore,it is difficult to realize the purpose of ensuring the legitimate rights and interests of administrative counterparts in all aspects of administrative procedure law.Nevertheless,the number 22 of the guiding cases of the Supreme People’s Court has provided a better solution to the previous-stage administrative act.There has been an in-depth study of the previous-stage administrative act in countries and regions outside the territory.By referring to the advanced experience from the outside world and combining with the actual situation in China and describing and analyzing of the ripeness principle and the illegal inheritance theory,tried to improve the previous-stage administrative act from aspects of the justiciability and how to joint review in reviewing the post-stage administrative act.It is dealt with from three sections:Part one:It defines the concept of the previous-stage administrative act,summarizes the important elements of the previous-stage administrative act from the definition and analyses with related concepts.Then,the previous-stage administrative act is classified according to the constraint size of the post-stage administrative act.Next,it introduces the theoretical basis of judicial review of the previous-stage administrative act.Part two:It introduces the status quo of the rule system and the judicial status quo of the previous-stage administrative act.It mainly enumerates the existing legal provisions and typical cases in judicial practice of the previous-stage administrative act in China,summarizes the status of the previous-stage administrative act,expounds the consequences of the lack of judicial review of the previous-stage administrative act from three aspects.Part three:It propose that improvement of the previous-stage administrative act.First of all,it analyzes the feasibility of the justiciability of the previous-stage administrative act from drawing lessons from the extraterritorial attitude of the justiciability of the previous-stage administrative act and puts forward two corresponding standards.Then,it analyzes the feasibility of applying the theory in our country from two aspects,and points out the path of how to review the previous-stage administrative act in the reviewing of post-stage administrative act.