On The Actionable Nature Of Procedural Administrative Action

The most important thing about procedural litigation is the definition of procedural administrative act.If we define the procedural administrative act differently,we naturally have a cognitive bias to the procedural nature of administrative action.According to the Supreme People's Court of the guiding case No.sixty-ninth in the procedure of administrative action--"stop notice" as the starting point,the accurate definition of the procedural administrative act,to guide the case in the "stop notice" can appeal to reason as the center to expand on the procedural administrative act and not be actionable the analysis of v..Based on the analysis of the Supreme People's court guiding case No.sixty-ninth as the starting point,points out the procedural administrative act litigation and non actionable differences,this paper points out the procedural Administrative Act definition,procedural administrative action or administrative procedural reasons and behavior standard of review or not v.and further discusses the procedure of the suability of administrative act,carefully analyzed the theory and Practice for the fuzzy standard procedure for administrative behavior,which is not actionable is the principle of litigation is the exception,through the comparison of classification and further summarized,found that procedural administrative act is not actionable as quoted by this paper guiding case is just a type of the procedural administrative act,according to the procedures of the administrative act in the administrative entity behaviors and links Then we analyze the procedural administrative actions based on the value of litigation and judicial resources,and draw the conclusion and reason for procedural administrative action to sue and not to sue.This article is mainly divided into four parts: guiding case introduction and the interpretation of the key points,the definition of procedural administrative act,the dispute between procedural and actionable administrative actions,and the examination standard of actionable administrative actions.The basic facts of the case,to unscramble the main content of the first part of the case introduction and the referee points is the guidance of the Supreme Court case No.sixty-ninth in this paper the first and second instance judgment and the court referee reasons for an interpretation;the second part is the definition of relevant administrative behavior according to the comparison with the academic circles on the the definition of administrative procedure is to clear of this paper is to discuss the proceduraladministrative act,for the analysis discussed below;the third part program of administrative action and non lawsuit dispute is the center of this article,through litigation and the reasons for the comparison of program administrative behavior and non actionable and reason leads the author about procedural administrative action and not the views and reasons;the fourth part of the administrative procedure and standard of review behavior vunactionably is the author.The point of view of the analysis of procedural administrative actions is expected to be applied to similar cases in the future.