Analysis Of The Abstract Administrative Act Judicial Review Practice

Under Chinese law increasingly comprehensive background,abstractadministrative proceedings scope of judicial review of administrative acts of the pasthave not dared not rigid,abstract administrative behavior has begun to rebuild thejudicial review system and gradually pay attention to it. Abstract administrative act isbased on the specific administrative act, under our existing specification is not to beincluded in the scope of review of administrative proceedings,while in reality manyabstract administrative act is illegal,but the law does exist in the department authorizedthe courts to review, resulting in administrative counterpart after the abstract rightshave been unable to resort to administrative action against legal channels,which is notin line with the rule of law and the protection of executive power constraints spirit ofcivil rights to justice. Construction and practice through a combination of case studiesand theories expounded the necessity of the development of abstract judicial review ofadministrative action system,and the feasibility of the foundation of judicial reviewsystem to analyze abstract administrative acts,so as to explore the abstract system ofjudicial review of administrative action problems design a system of abstractadministrative behavior and practice of judicial review proceedings and legal normsrelated to its system,in line with China ’s legal system belongs to construct abstractjudicial review of administrative action system.