On Judicial Review Of Abstract Administrative Act

In comparison with western legal states, In China, the issue of judicial review of abstract administrative act is a special and urgent research topic for administrative legal construction and theoretic study on science of administrative law. In spite of great concern has being shown with issues in relation to abstract administrative act since the promulgation of administrative procedural law. However, for a long time, the issue concerning scope of accepting cases in administrative litigation has been attached so much importance to that scholars in science of administrative law and judges put much concern on the issue of the scope of judicial review ,i.e. the suability of abstract administrative act. As a result, on one hand, few in-depth systematic studies on judicial review of abstract administrative act can be found so far in China. Current researches on this issue are almost confined to some repeated specific topics and some important conceptions in this area are differently defined owing to lack of comprehensive and systematic study on the judicial review, which, to some extent, constitutes a barrier to theoretic study. On the other hand, some courts accept the action involving abstract administrative act, but some courts not, which caused great harm to legal construction. With the great change andincreasingly in-depth development of market economy, especially with China's entry into WTO, the issue of judicial review of abstract administrative act not only should be theoretically studied, but also should be directly dealt with by the judges in China .In a certain sense, China's entry into WTO brought us not only a challenge but also an opportunity to reconstruct system of judicial review of abstract administrative act. On the basis of current theoretic achievements, this thesis makes a comprehensive study on judicial review of abstract administrative act, by the method of comparative study and positive study. The author intends not only to put forward the system construction but also to correct the unbalanced study in China.This thesis can be divided into six parts. The first part makes a definition of abstract administrative act in the background of the comparison of administrative law between China and western countries. The second one deals with the theoretic basis on which judicial review of abstract administrative act is carried out. The third part makes a comprehensive introduction to the system of judicial review of abstract administrative act throughout the world, which includes the scope, subject, method, effect and intensiveness of judicial review of abstract administrative act. The fourth part is on the general analysis of current judicial practice, theoretic studies and legislation of judicial review of abstract administrative act in China. On the basis of the four parts above, in the fifth part, the author first makes an analysis on the necessity, feasibility and guiding principle of the establishment of judicial review of abstract administrative act, and then followed by the elaboration from several aspects ondetailed proposition of the establishment of such system. The author especially makes an in-depth study on the intensiveness of judicial review of abstract administrative act, which has been rarely dealt with so far in China. The last part draws a conclusion of the establishment of judicial review of abstract administrative act in China. The author point out that in China, the establishment of judicial review of abstract administrative act, at the macroscopic angle, should draw on the experience of the legislation in western countries as well as take consideration of the domestic situation, and at the microcosmic angle, should pay more attention to a systematic design.