Research On The Suitability Of Administrative Instructions In My Country

Administrative instructions have taken root in the land of China.It is an administrative phenomenon unique to the operation of administrative power in China.At present,the administrative instruction system has become an important way of expressing power in the operation of China's national order and an important means in the process of achieving administrative tasks.However,administrative instructions have only gradually entered the field of scholars in recent years,and there is no clear interpretation of administrative instructions in laws and regulations.There are no provisions on the definition,legal nature,legal effects and suability of administrative instructions.The purpose of this article is to analyze,summarize and summarize the samples of judicial judgment documents concerning administrative signing cases of people's courts in China,and analyze the form,classification and legal attributes of administrative signing actions in China from the perspective of administrative law.This article summarizes the nearly one hundred Chinese judgment case documents collected and combines the definition of the word "approval" in the theoretical circle of administrative law,and finds that people's courts at all levels in our country characterize the administrative indication as belonging to the administrative organs.The management's staged behavior,procedural behavior or internal management behavior,the author believes that China's administrative instructions exist between the upper and lower levels of the administrative agency,and it represents the will of the administrative agency within the legal authority and conforms to due process,which can have an impact on the results.For written actions,administrative instructions often operate within the administrative system,but they can overflow the internal boundaries of the administrative system under the conditions of “externalization” and produce external legal effects.This article summarizes the use and definition of administrative instructions up to the present in China's administrative judicial documents,and divides administrative instructions into the following four categories: administrative instructions for administrative actions and administrative instructions for non-administrative actions.Administrative instructions and compulsory administrative instructions,administrative instructions that belong to internal administrative actions and administrative instructions that belong to external administrative actions,administrative instructions made for specific subjects and administrative instructions made for non-specific subjects.It summarizes the two different attitudes of the court's review of the suability of administrative instructions in the trial practice in China,and sorts out the reasons why the court insists on the review standards of general and special suability.And clarify the problems of "substantial impact","serving" and "externalization" in the externalization of the functions and powers of administrative instructions.At the level of the resolution mechanism,we believe that in the process of administrative instructions,we should insist on highlighting the principles of due process and judicial review.Afterwards,he made recommendations in three aspects: the scope of judicial review,the review of the plaintiff's qualifications,and the confirmation of the defendant's qualifications,so that the administrative instructions can be standardized within the existing framework.