The Research Of The Existence And The Classical Standard Of The Specific Administrative Act And The Abstract Administrative Act

Administrative behavior could be divided into the specific administrative act and abstract administrative.It is the train for a classification of administrative act,dddesigned to more clearly know the nature of administrative action.The concept can be found earliest is the chief editor,Canmin Wang,of “The outline of administrative law”,”the state administrative organs in the administrative management activities, sometimes only do abstract specification,no specific things for processing,this kind of behavior is called the abstract behavior.””Specific administrative act is the handling of the specific events,in a particular social facts as the object,also commonly called the administrative measures.”But as the 1989 “administrative procedure law of the People’s Republic of China”(hereinafter referred to as the "administrative procedural law"),it has been clear about the scope of accepting cases of administrative litigation is limited to the specific administrative act,as a result,the specific administrative act be incorporated in the legislation,from a theoretical concept into a legal concept.But when this concept into practice,gradually exposed many problems.the division standard between specific administrative behavior and abstract administrative behavior is not so serious,so in practice the blank and cross areas appear,which make the administrative organ to hardly conduct,and judicial supervision over administrative act are also in trouble,at the same time to facilitate the administrative organ to evade judicial review.So some scholars proposed to cancel on the division of specific administrative behavior and abstract administrative behavior.For 2014 with the "administrative procedural law" amendment,amend the the specific administrative act of article 11 is "administrative act",lawmakers’ behaviour that seems to confirm the view of some scholars about cancel the classification,but in essence of case scope did not do any adjustment, that is to say about the scope of accepting cases of administrative litigation is not the change of the breakthrough in the modified,and the review of abstract administrative of administrative reconsideration is no more change,so in this paper, I think it shall retain the division of specific administrative behavior and abstract administrative behavior,and still it is necessary to further discuss about the division standard between the specific behavior and abstract administrative act,in order to better guide the administrative organs,judicial supervision of administrative behavior better. Academic circles about the division standard of specific administrative behavior and abstract administrative behavior discussion has never stopped,scholars also views by themselves,such as the traditional classification standard,the three process of standard,function stangard,and general administrative measures and draw lessons from Germany’s theory of "general command",etc.This article through to analysis and reference each of the standard of specific act and abstract administrative behavior,finally put forward my own point of view,the fixing of three process standards,in order to provide some thinking path to solve problems in practice.