On The Judicial Review Of Abstract Administrative Act In Our Country

Judicial review of abstract administrative act is the necessary requirement for the principle of administration according to the law. But as an important legal basis to establish this system, the "Administrative Procedure Law" which was enacted in 1989 did not accept judicial review of abstract administrative act. And ten years later, the "Administrative Review" started to provide that administrative reconsideration organ may incidentally review partial abstract administrative action. This provision not only opened the door to the administrative internal examination, but also paved the way for judicial review. After twenty years of testing the operation of the Administrative Procedure Law, it is necessary for our country to build this system.Under the powerful appeal, the newly revised "Administrative Procedure Law" added the relevant provisions about the judicial review of the the following abstract administrative acts and regulations. Although the country has made it clear at the legislative level to affirm the power of judicial review, but only two articles for the construction of the whole system are not enough. The content of the articles is not specific and clear. Based on the newly revised Administrative Procedure Law and through specific studies on the terms of the new law and learning from other countries, I made some suggestions to improve the judicial review of abstract administrative action in order to conform to China’s national conditions and social situations.