A Study On The Justiciability Of Procedural Behavior

The litigability of process administrative act is related to whether the legitimate rights and interests of the administrative counterpart can be remedied,and to what extent the judicial intervention in administration is appropriate.To solve these problems will improve the national legal system.It has played an important role in promoting the construction of national legal road.In addition to the theoretical analysis of the process of administrative behavior,different from the internal administrative behavior,multi-stage administrative behavior and other related concepts,this paper analyzes the process of administrative behavior from the perspective of cases.In the first chapter,based on the administrative act,the author introduces the connotation of the process administrative act,compares it with other concepts,and explains the essence and extension of the process administrative act.The second chapter elaborates on whether procedural administrative acts can be sued,which can be sued and which can't be sued.Based on the analysis of domestic and foreign theories,it determines the standards of actionable and non actionable,and combs out which lines can be sued and which behaviors can't be sued.The third chapter expounds the standard of Actionability of abstract process administrative act from the judgment path of modern legislation and judicature,and constructs a set of reasonable standards of actionability from abstraction to concreteness,that is,the standard of actual influence on the rights and obligations of the opposite party,the standard of externalization of internal act,the standard of independent influence of act,and the standard of informing the change of the rights and obligations of the opposite party.The fourth chapter selects two different types of administrative procedures in the case,to investigate whether the four standards proposed in this paper can be applied to different types of administrative procedures in the judgment ideas.