A Study On The Litigability Of Administrative Approval

Administrative approval is a kind of administrative document which is widely used in administrative organs.In judicial practice,whether such documents can be sued or not has caused a lot of disputes,and administrative approval is closely related to the protection of citizens' legitimate rights and interests.The academic community generally believes that administrative approval is not included in the scope of accepting cases of administrative litigation.However,on the basis of reviewing many judicial cases in practice,it is helpful to make accurate and fair judgment on the justiciability of similar cases to clarify or solve the problem of the justiciability of administrative approval.Only under this premise,can we decide whether to conduct incidental judicial review on the administrative approval,so as to judge the legitimacy of the administrative act based on the administrative approval in the administrative litigation.Through the Chinese judicial review documents network and Peking University magic weapon network,the author sorts out and summarizes the relevant judicial review documents of more than 400 litigation cases caused by refusal of the request for incidental judicial review of administrative approval in China.Should the administrative approval be included in the scope of accepting cases of current administrative litigation? Is it based on the traditional theory of administrative litigation to be excluded,or combined with the specific problems in judicial practice for specific analysis? How to determine the object of action if it meets the criteria and conditions of litigability? How should the law be applied in the relevant incidental review process? In view of the issue of appeal,this paper analyzes the justiciability of different types of administrative approval cases,which is helpful to determine and refine the specific law applicable rules for determining the justiciability of administrative approval cases.Empirical studies based on a certain number of judicial cases,which meet certain standards and conditions,should be included in the scope of court accepting cases.The current administrative procedure law recognizes the system of incidental review of normative documents.On this basis,the judicial interpretation of the administrative procedure law implemented in 2018 further regulates the applicable legal rules for incidental review of normative documents.As a kind of normative documents,the study on the justiciability of administrative approval has certain theoretical and practical significance.This article first carries on the theory analysis to the administrative approval nature and the legal effect.Secondly,through the Peking University magic weapon and China judicial judgment documents network search because of the administrative approval of the case was classified.At the same time,through the screening of relevant guiding cases published by the supreme people's court,combined with a large number of litigation case judgment texts,theoretical analysis and empirical research are conducted on whether the administrative approval is justiciable,and the judgment criteria and constitutive elements of the justiciability of administrative approval are discussed.Typed on the,on the basis of inductive research,then combined with the intermediate people's court and the supreme people's court guiding case whether the referee for administrative approval is actionable,empirical analysis is based on the principle of "mature" standard,in view of the administrative approval case whether to accept,whether can be incorporated into the scope of accepting cases of administrative litigation,surrounding the administrative approval standards and conditions are also proposed.The last part of paper around the administrative approval can Sue in the judicial practice of the determination and the judgment standard and constitutive requirements,the object of litigation,the litigation procedure and specific issues of application of law to put forward some Suggestions,namely the cognizance of the administrative approval conditions,improve and refine the rules shall be applicable to the specific law,in order to further improve the system of our country's relevant.