Research On The Actionability Of Internal Administrative Actions Summary

In the traditional administrative law circle and practical trials,internal administrative ACTS have always been excluded from the scope of judicial cases.For a long time,the concept of the internal administrative act not v.both in theory and practice basis can be found,but the rules once decided,it is difficult to change,this leads to a lot of administrative organs will have occurred externalization of internal administrative action in accordance with the internal administrative act is not of the nature of actionable theory to evade a responsibility,harm the legitimate rights and interests of administrative relative person.With the continuous development of China's judicial process and the strengthening of citizens' awareness of the rule of law,the administrative law circle and practical trial have a new understanding and interpretation of internal administrative ACTS.Until 2013,the supreme people's court announced the fifth batch no.22 guide case "Yonggao Wei,Shouzhi Chen v Lai 'An county people's government to recover the land use right reply",it is generally believed that approval is an internal administrative act,administrative organ usually can't be delivered to the administrative relative person,not the actual impact on the rights and obligations of the administrative relative person.However,in this case,the approval made by the people's government of Lai 'An county had a practical impact on the rights and obligations of the administrative counterpart.The administrative counterpart learned the content of the approval by applying for government information disclosure,and the approval thus had actual execution and legal effect on the external administrative counterpart.Therefore,when yonggao Wei and shouzhi Chen refuse to accept the written reply and file an administrative lawsuit,the people's court should accept it according to law.With the publication of the guidance case,it provides a new perspective for the study of internal administrative ACTS in the field of administrative law and practice.This article is divided into five parts,the first part of the general theory of internal administrative act can Sue,internal and external administrative behavior and define the standard,can Sue of the internal administrative act,and generalizes the internal administrative action externalization type.The second part of the internal administrative act into judicial review and actionable is analyzed,the necessity of the third part of the internal administrative action can Sue the legislative status quo at home and abroad,the fourth part of the focus of the internal administrative action can cause sexual problems such as to determine the criteria,distribution of burden of proof,on the basis of judicial review and the cognizance of the parties to sort,the fifth part of the path of the realization of the internal administrative action can Sue problem put forward the ideas and assumptions.