On Chinese Judicial Review Of The Abstract Administrative Acts

Abstract administrative acts of judicial review along with the advance of the Construction of Administrative Law in China, it has become an important topic in China’s administrative research. Profound changes in China’s economic and political areas continue to reform the legal awareness of citizens universal enhance the level of government administration by law need to be increasing, which requires not only the specific administrative act subject to judicial review, but also on as a specific administrative abstract administrative act of behavior based on the review. Abstract administrative acts included in the scope of judicial review in the world some countries and regions have a discourse and regulations, but in our country due to abstract the specific administrative act of non-actionable", so far there is no abstract administrative acts under judicial review scope. Led to an abstract administrative act illegal infringement of citizens’ legitimate rights and interests of legal persons, things repeatedly not poor, in this case, the damage caused by the abstract administrative acts of infringement, the law does not give the executive relative to self-help way, which contrary to the spirit of the basic law of socialism, in principle. Establishing oversight mechanisms of the abstract administrative acts, but China does not like other countries and regions as clear an abstract administrative acts included in the scope of judicial review, the absence of judicial supervision lead to a serious shortage of our abstract administrative acts oversight mechanisms defects. In order to meet the needs of the development of democratic politics and market economics in China’s market, we need to abstract administrative acts into the scope of judicial review, which give a clear provision to better protect the legitimate rights and interests of the executive relative to build a harmonious and stable rule of law society.