A Study On The Justiciability Of Procedural Administrative Actions

The scope of administrative litigation determines the boundary of judicial governance.Considering the game between administrative power and judicial power and the limitation of judicial power,not all administrative acts are suitable for judicial review.From the procedural provisions of administrative acts and the practical investigation of relevant cases,the procedural administrative acts are in the litigation status of "non actionable in principle and actionable in exceptions".In order to maintain administrative efficiency and the dependence of such acts,procedural administrative acts are not actionable in principle and have a certain legitimacy.However,if this principle is mechanically applied,it will lead to the disadvantages of unfavorable right relief and insufficient power supervision.Therefore,based on the theory of administrative process,the value of independent procedure,the legislative purpose of administrative litigation and the cost analysis of economics,it is legitimate and necessary to bring some procedural administrative acts into the actionable scope.On the basis of this understanding,we should take the maturity principle as the guiding principle to determine whether the procedural administrative act is actionable,supplemented by the right and obligation influence standard,summative standard and externalization standard as the specific standards to be actionable.We hope that the relevant cognition can provide some intellectual support for solving such administrative disputes and realizing the final effect of case settlement and division.