A Study On The Suability Of Procedural Administrative Act

Proceduraladministrative act is generally considered to be inviolable in judicial practice.The No.69 directive case issued by the Supreme People's Court breaks through the previous general understanding of the Suability of Procedural administrative act,and allows procedural administrative acts to enter litigation for judicial review,it also puts forward the standard of determining whether the Procedural Administrative Act is actionable.In the ruling in case number 69,the court held that the Procedural administrative act of the executive branch violated legitimate rights and interests of the parties and could not be remedied by bringing a lawsuit against the relevant substantive Administrative Act,if a party files a lawsuit against the Administrative Act,the People's Court shall accept it.This article mainly combines the cases of the magic weapon of Peking University and the provisions of the current administrative procedure law and the interpretation of administrative action in our country.It centers on the research of the Actionability of procedural administrative action,combs the concept,nature,form of procedural administrative action and the common recognition forms in judicial practice,and combines the Supreme People's court's relevant judicial interpretation and guidance cases on the Actionability of procedural administrative action And try to put forward suggestions to further improve the litigation standard of procedural administrative act.The first part is the introduction part,which explains the background and significance of the topic selection,and introduces the current research situation at home and abroad.The second part through to the Procedural Administrative Act Connotation and the nature comb,to the Procedural Administrative Act Connotation makes the concrete definition.Based on the viewpoint of scholars,this paper summarizes the connotation of the procedural administrative act studied in this paper.The third part summarizes the status quo of the judicial practice of the Actionability of procedural administrative acts combined with relevant cases.The fourth part,combined with the Supreme People's court's judicial interpretation and guidance cases on the Actionability of procedural administrative acts,analyzes the Supreme People's court's position on this issue,and analyzes the considerations of the Supreme People's court's interpretation of this issue.The fifth part puts forward suggestions to further improve the actionable standard of procedural administrative act.