The Infringement Problems Of Abstract Administrative Acts

Abstract administrative act is one of important types in administrative act. It mainly refers to the general rules of universal binding conduct which is released by the executive authorities with statutory authority for non-specific object, including administrative rules, regulations and other regulatory documents. With the extension of executive power in modern society, the abstract administrative act has become an important tool in administrative management for all governments. It always affects all aspects of the society and people's lives. Besides, it plays an irreplaceable important role in the national management. However, due to the abstract level, lack of administrative acts and operation of the system-level defects, coupled with the absence of a variety of supervisory, administrative opposite side against the legitimate interests of the phenomenon have occurred. Some local governments and departments by local protectionism, through the abstract administrative act, struggle for power, abuse of power, resulting in the law, the abstract conflict between the administrative act. The conflict has seriously damaged the administrative order, rule of law in China and undermined the unity and authority of the law, but also a serious impact on our government's image among the people. As China continues to develop the socialist market economy, the Government formulated the abstract administrative acts and the use of both the number is increasing. But now the focus of attention of academic theory focused on whether to include the abstract judicial review of administrative acts and administrative actions in the abstract nature of other related issues, while the abstract administrative act of infringement is not enough. Under the background of administration according to law and implement the rule of law in our country, the research of abstract administrative act has an important meaning. It can improve the relative side of the administrative protection of legitimate rights and interests and improve the efficiency of the executive branch, the process of promoting the rule of law in China.To establish and perfect the legal supervision of the abstract mechanisms of administrative action and to protect the legitimate interests of parties and the administrative supervision of relative executive duties, drawing on the common law and civil law countries the advanced experience of administrative law, based on the implementation of the administrative rule of law, this article starts from a series of abstract administrative act infringing the basic theoretical and practical problems, we explore abstract administrative acts of tort liability system construction and other aspects of its legal remedies study. This article mainly makes a research from three aspects: firstly, the possibility and the specificity of infringement caused by abstract administrative action. Administrative action is the main answer to the abstract problem of possible infringement, infringement of the particularity of the abstract administrative acts and administrative actions to establish tort liability system in the abstract sense. Secondly, the Principle of Liability Tort Elements of the abstract administrative acts from the body, behavior, consequences, cause and effect relationships and other aspects of the abstract administrative act .Thirdly, the system design of abstract administrative acts tort liability. We discuss the he specific system of identifying, investigating, and the implementing tort liability of abstract administrative actsThrough research, we have clarified the scope of abstract administrative act and analyzed the peculiarities of the infringement caused by abstract administrative act , based on which, it is advised that we should improve abstract administrative act of tort liability system, to better promote the development of the rule of law and democracy, and it is recommended to revise and improve "State Compensation Law" ,"Administrative Reconsideration Law", "Administrative Procedure Law", finally we can establish relevant accountability system to avoid the tort liability law's of abstract administrative act to promote administration according to law and the. Due to limited awareness of the problem and lack of knowledge of view, this essay is far from satisfaction and looking forward any criticism of correction.