Official Documents Suability Research

Although with the national legal system, the executive and the legislature are constantly improving, but still can not meet the needs of economic and social development, official documents in some way complement the executive and the legislature’s lack of social development lags behind that of "quasi-legal "role in the administration of social life which plays an active and effective role. However, because of judicial supervision has been in a blank state, and official documents in the development and management does not have a uniform system and related supervisory review mechanism, allowing the development of official documents chaos no chapter or even illegal, resulting in "red head File "to embark on the road of abnormal development. In order to better protect the legitimate rights and interests of citizens, to give timely and effective judicial relief, on the official documents judicial oversight is imperative. Although the overall abstract administrative action may appeal also open to question, but the abstract administrative acts among the most prominent of the official documents into the lead within the scope of administrative litigation, so that legal regulation official documents to develop the management of chaos, and the "red head File "when infringe the rights of interested parties to give timely and effective judicial remedies. Deeper, the official documents suability not a breakthrough, abstract administrative actions in that is out of the question, administration, and the rule of law is even more nonsense.This article is divided into five parts: The first part is an introduction, background and significance of the topic and the main account of domestic official documents and abstract administrative action research status and development direction, a clear purpose, clear research ideas; the first Second part of the official documents the basic concepts, history, current development, such as the detailed nature of the connotation of discussion, as well as on the official documents in the generic concept of abstract administrative action and sort out a brief overview of official documents and abstract the relationship between administrative act, in order to official documents have a more comprehensive knowledge and understanding, and proposed in the official documents standardized supervisory review process in a number of judicial review, to further narrow the scope, depth and meticulous order as discussed below, to pave the way; the third part of the introduction of the official documents for judicial review of the second part, leads to the necessity and feasibility of actionable and detailed exposition;The fourth part from research and reference outside the relevant system, combining abstract administrative action Suability process, provide the basis for the theory and practice of System Conception below; Part V focuses on official documents included as an abstract administrative act After the administrative proceedings scope to scope and subject to the jurisdiction of the case, the parties, the evidence and the burden of proof, the referee and the execution and accountability with relief as the representative of some of the system conception.