An Empirical Study On The Suability Of Administrative Reply

The administrative reply is a kind of official document style which is frequently used by the executive branch in its daily administrative activities.According to the traditional theory,the administrative reply runs in the administrative system,usually does not affect the relative person’s rights and interests,its nature is the Internal Administrative Act,so it does not belong to the scope of administrative litigation.However,in recent years,there have been a large number of administrative adjudication cases brought to court by the relative person who refuses to accept the administrative reply,which has aroused great controversy,and the trial results are not the same.This reflects a lot of problems,on the one hand,in administrative practice,many administrative replies may have actually crossed the internal and external limits of the administrative system,and materially affected or even damaged the rights and obligations of external counterparts;On the other hand,the courts at all levels have not reached an agreement on whether and under what conditions the administrative reply can be sued under the situation of the increasingly close contact between the administrative reply and the administrative counterpart.Therefore,if we can clear the problems related to the Suability of administrative reply under the framework of the current administrative litigation system by sorting out and analyzing the existing cases of administrative reply,no doubt it will be conducive to the accurate determination and reasonable trial of such cases.This paper is divided into four chapters: The first chapter combs the concept of "administrative reply" in the judgment documents,mainly on the normative content,nature and legal documents of the administrative reply to the classification of its type;The second chapter is the investigation of a large number of cases in practice,which not only makes an overall analysis of the sample cases,this paper also analyzes the two kinds of typical cases which the court considers to be actionable and non-actionable.At the same time,it points out two main problems in the current administrative review,that is,whether the judgment standard is not clear and power and responsibility is not consistent;The Third Chapter mainly discusses the Judgment Standard of whether the administrative reply can be sued or not.Through the investigation of the second chapter judicial cases,on the basis of a comprehensive analysis of the court’s acceptance and rejection of the argumentation of the relevant cases concerning the justiciability of the administrative reply,it concludes that the case-related reply should be a "mature" administrative act,through the proper way to be known to the other party and has a real impact on the private rights of the three criteria,and the specific case with a detailed explanation;The last chapter is the analysis of the review mode of the administrative approval,including the analysis and selection of the review mode of the Joint Review,the direct litigation and the co-defendant,and further points out that in addition to judicial review,it is also necessary for the executive branch to regulate and reduce the number of administrative approvals in the entity,and at the same time to do a good job of administrative openness,and to take multiple measures to solve the problem of the litigation of administrative approvals.