The Construction Of Judicial Review Of Abstract Administrative Act In Our Country

With the demand of governmental administration at all levels in our country, the quantity of abstract administration activity increase rapidly. However, the abstract administrative activity which breaks the law is increasingly seriously because the systems of none litigation supervise hardly carry out its functions at present. In order to push forward the progress of managing state affairs in accordance with the law, defend the legal rights of the citizen and bring the abstract administrative activity into the scope of accepting cases about administrative litigation, it is an irresistible trend to carry on judicial reviewing. So it has been an urgent thing to set up the judicial reviewing system of the abstract administrative activity with the Chinese characteristics. Current researches on this issue are almost confined to the feasibility. But in this thesis the author bring forth new ideas about the construction of the concrete institution.Besides the introduction and the tag, this thesis includes six parts.The fist part describes the current situation of the judicial review of abstract administrative act in our country. The second part makes a comprehensive introduction to the system of judicial review of abstract administrative act of the western countries including the America, the France and the Germany. It introduces the scope, subject, method, effect and intensiveness of judicial review of abstract administrative act.From the third part to the fifth part are the cores of the thesis. In these three parts, the author elaborates several aspects on detailed proposition of the establishment of judicial review of abstract administrative actThe third part is a general analysis of the scope of judicial review of abstract administrative act. The fourth part is the general principles of the judicial review of abstract administrative ac. The fifth part introduces the method of judicial review of abstract administrative act. There are two different methods, the directly review method and the indirectly one. On a general analysis of current judicial practice, theoretic studies and legislation of judicial review of abstract administrative act in China. The author draws a conclusion that we should choose the latter one . There are arguments about that the principle should be administrative legality review or administrative rationality review .The opinion of the author is the administrative legality review. It excludes the constitutionality and rationality review. The sixth part is the administrative judgment. As an integral part of administrative system, administrative judgment plays a very important role. It marks the final resolution of each administrative case as well as the conclusion of the whole litigation process and the litigation result. But in fact, the abstract administrative act is different with the concrete administrative act, so in this part the author discussed whether the court has the right to make administrative judgment after the review of abstract administrative ac .the liabilities of violating administrative procedure and the compensation of abstract administrative ac.