Study On The Justiciability Of Procedural Behavior

The justiciability of procedural behavior can be described as a small problem in the administrative law.However,the society is a huge network of rights and obligations.How the law is implemented in realityalso looks like a network,and the justiciability of procedural behavior is such a connection point between the network.Legal analysis is usually a sampling analysis of one of the connection points.It is related to whether the legitimate rightsand interests of administrative counterparts can be relieved,and what is the appropriate degree of judicial intervention in administration.Moreover,the protection of administrative litigation right is an important measure to judge the level of administrative rule of law in a country.Under the background of the increasingly perfect administrative litigation system and administrative processing procedure,more and more procedural behaviors are appealed to the court.It is the core of the realization of administrative rule of law that executive power is restricted by judicature.The application of law by judicial organs is special and unique,respectting this characteristic is the basic integrity of government under the rule of law,and also is the social basis for people to believe in the law.Negating the justiciability of procedural behavior does not conform to the concept of substantial rule of law.In practice,it is necessary to judge whether the procedural behavior is actionable or not according to individual cases.In the judicial practice,the judgment standards and review procedures of procedural behaviors are constructed to provide guidance for judges to judge cases,so as to better realize the fairness and justice of individual cases.In addition,the extended thinking on thejusticiability of procedural behavior has certain enlightenment significance for improving the choice of cause of action under the background of the typification of administrative litigation in China,and can cultivate people's recognition of administrative law to a certain extent.This paper follows the deductive model of problem posing--problem analysis and problem solving,and on the basis of the judicial interpretation of the procedural non-litigation provisions.The possibility of litigable situation of procedural behavior is analyzed theoretically and normatively.Then,it is proposed to bring procedural behavior into the scope of accepting cases of administrative litigation under the condition of meeting relevant standards,and discuss how to realize the comprehensive relief of procedural behavior.The structure of the full text is arranged as follows:Collecting the referee about process sex cases in the judicial practice,with its as the research sample,paper analyze the present situation of the judicial review process sex,sexual behavior and the process performance in practice way typed comb.Sex at the same time,the judicial practice process has carried on the induction,the plight of actionable sexual judgment standards are not clear-connection with different sentence,unclear boundaries-a mixture of judicial interpretation provisions,poor relief,judicial review intensity process sex is unreasonable,and combined with the highest method,illustrates the guiding case no.69,to guide the case as the breakthrough point,to gutachtenstil analysis,draw process at the specification level sex has may be actionable.In the following part,the author analyzes the possibility of litigable cases of procedural behavior from the perspective of theory and norms,taking the "mature principle" of administrative behavior as the core,and clarifies that procedural behavior can enter the scope of administrative litigation cases only when it has developed into an independent constraint.At the same time,supplemented by the research results of the theory of administrative process,it puts forward that the process behavior should be investigated dynamically and comprehensively.This part also analyzes the nature of the litigability of procedural behaviors from the perspective of the game between judicial power and executive power,and further proposes that procedural behaviors do not belong to the scope of accepting cases ofadministrative litigation in principle because they do not have actual impact on the rights and obligations of counterparts under normal circumstances.However,there are some exceptional cases.When it meets certain standards,such as the standard of the actual influence of rights and obligations,the standard of independent binding force,the standard of finality and the standard of the expression of will of the administrative organ,it is possible to be sued.