Research On Judicial Review Of Internal Administrative Act

China’s "administrative procedure law" stipulates that the appointment,removal,rewards and punishments of internal staff by administrative organs do not belong to the scope of judicial review,but we can not deny the judicial review of all internal administrative acts on this basis.From the perspective of protecting the legitimate rights and interests of the administrative counterpart,judicial review of some internal administration should be allowed.In fact,our country has produced the practice of judicial review of some internal administrative acts such as meeting minutes and reply,which has attracted the attention of the academic and practical circles.The Supreme People’s court’s No.22 guidance case provides an authoritative explanation for this issue.The gist of the judgment points out that the direct implementation of the administrative organ’s reply leads to "externalization",which has a practical impact on the external administrative counterpart and should be subject to judicial review by the court.Therefore,"externalization" is the key to distinguish whether the internal administrative act should be subject to judicial review.However,the theoretical and practical circles of administrative law have different understanding of "externalization",and there are considerable disputes on the elements of the establishment of "externalization" of internal administrative act.The paper comprehensively combs the elements of the establishment of "externalization" through the definition of the concept of "externalization" of internal administrative act and specific cases,And summed up some procedural problems of judicial review of internal administrative behavior,and put forward some suggestions to further improve the judicial review of internal administrative behavior,hoping to deepen the understanding of this problem and promote the development of judicial review of such internal administrative behavior.