Research On The Litigability Standard Of Procedural Administrative Acts

Procedural administrative act is generally considered to be inviolable in judicial practice.There are few cases in practice that are listed as suable administrative actions.Therefore,there is no uniform conclusion on the verifiable standards of procedural administrative actions.In practice,there are procedural administrative actions that have practical influence on the rights and obligations of administrative counterparts.If the court adopts the principle of non-action for all procedural administrative actions,it will not be conducive to protecting the legitimate rights and interests of administrative counterparts.The legislative purpose of the Act.Therefore,from the perspective of theory and practice,it is necessary to improve the standards of procedural administrative actions.The Supreme People's Court promulgated the No.69 guidance case,in which the Notice of Suspension of Work-related Injury Time Limit was recognized as a procedural administrative act,and the No.69 Guiding Case of the Supreme Court broke the rules of non-action of general procedural administrative actions.It is considered that the procedural administrative act in the case falls within the scope of administrative litigation.According to the case search results of Peking University's magic weapon,there are two main criteria for judging whether a procedural administrative act is suable in judicial practice,whether it is an administrative act as a standard and whether it has a practical impact on the plaintiff's rights and obligations.The meaning of administrative actions in this standard is not clear.Judging criteria that affect the plaintiff's rights and obligations are divided into legal effects and behavioral judgments.The criteria for judging the actual impact are unclear.Judging by behavioral form alone will delay the protection of the legitimate rights and interests of the parties.The first part of the article is the introduction part.Firstly,it expounds the background of the whole article and the selected topics and the main research objects.Secondly,it discusses the related theoretical research on the procedural administrative behavior in the domestic and foreign countries.The development status of the world.The second part mainly expounds the summary of procedural administrative behavior,summarizes the academic identification of procedural administrative behavior and the relationship with internal administrative behavior and multi-stage administrative behavior,and finally clarifies the necessity of establishing the sufficiency standard of procedural administrative behavior.The third part summarizes the relevant cases of procedural administrative actions and the standards of procedural administrative actions.The procedural administrative behaviors in the judicial practice include the criteria for determining whether it is an administrative act,whether it is an administrative act,whether it is a legal effect,whether it actually affects the rights and obligations,and whether the behavioral form actually determines whether the rights and obligations actually affect the rights and obligations.The fourth part expounds the problems of the procedural administrative behavior judicial practiceableness standards,including the procedural administrative behavior judicial recognition standards are too broad: the administrative actions related to the procedures are recognized as procedural administrative behavior,the administrative behavior is not clear The legal effect actually affects the timing of the protection of the legitimate rights and interests of the parties due to unclear judgment criteria and delays.The fifth part perfects the suefulness of procedural administrative behavior as follows: procedural administrative behavior conforms to the meaning of administrative action meaning in the sense of Administrative Procedure Law,the standard of judicial review possibility,the factual impact standard of entity rights and obligations,and the individual prosecution Necessity standard.