A Study On The Litigable Standard Of Administrative Subject’s Procedural Act

The standard of suability of the procedural act of the administrative subject is the judgment standard of whether the process procedural act made by the administrative subject can be subject to judicial review.The construction of the actionable standard of procedural act is the objective need of deepening the reform of the administrative litigation system and promoting the construction of a government ruled by law in an all-round way,which not only helps to ensure the stability of the administrative process,but also helps to give full play to judicial initiative.The existing research on the suability of procedural procedural act understands the procedural procedural act from the specific types of act,the positioning of procedural act is not clear,and fails to go deep into the administrative law theory behind the procedural procedural act.The research on the suability standard of procedural act is essentially a discussion on the rationality of the opportunity for judicial review to intervene in the administrative process,which not only reflects the value evaluation of the operation of public rights and private relief,but also contains the connecting mechanism of administrative relief and judicial relief.The brand-new construction of the suability standard of procedural act is not only to sort out the thinking of judicial practice,but also to examine the scope of accepting cases in administrative litigation under the theory of administrative process and other administrative law theory.“The principle of procedural act is not actionable and the exception can be sued”is the consensus reached under the interaction between theory and practice.The first task of constructing the suability standard of process act is to analyze the process act.The definition of the concept of procedural act itself not only needs to be compared with the theory of administrative act,but also needs to be grasped dynamically through the theory of administrative process.Procedural act is defined as administrative act in a broad sense,which provides a theoretical basis for it to adapt to the relevant provisions of the current scope of accepting cases.At present,the identification of the suability of procedural act is presented with the case as the carrier.Combined with the relevant legal norms and practical cases,it is concluded that the limitation of the current path for determining the suability of procedural act lies in the lack of understanding of the relationship between the scope of accepting cases and the necessity of power protection,the actual influence of rights and obligations and the legal effect.When constructing the actionable standard of procedural act which is suitable to solve the problems of judicial practice,we need to combine the theory of the actionable nature of administrative act,and carry on the concrete standard design from two aspects of form and substance.A systematic standard of suability of procedural act can not only provide reference for the definition of procedural act from the level of formal standards,but also help practical departments to accurately understand the impact of substantive standards on actionable procedural act.In view of the complexity of the actual environment of administrative litigation,the application of the standard of suability of procedural act should be closely combined with the specific case.