A Study On The Justiciability Of Administrative Approval

Administrative approval is the administrative organ within the commonly used an administrative official document style,usually by the traditional theory of administrative procedure law as common internal administrative act.Administrative approval is actionable sex,is the existing scope of accepting cases of administrative litigation need further thinking about a problem,it is closely related to the administrative relative person legitimate rights and interests protection.From Germany and Japan,the theory of special power relationship,the influence of the administrative approval is generally not be is not in conformity with the included in the scope of accepting cases in administrative litigation.But based on the reality of refuses to accept the administrative approval for judicial case review can infer,if can be solved or clear represented by administrative approval of the same kind can Sue of the administrative act,so there is no doubt that could help in such cases accurate judgement and impartial judgment.Based on the concept of unified administrative approval first,will be a large number of judicial precedent and directional case analysis as the foundation,the outside of the relevant laws for reference and theoretical achievements,fully demonstrates the administrative approval can judge the constitutive requirements of Sue.This paper put forward by combing analysis of different types of administrative approval,further determine clear different case processing rules,accurately determine whether a certain administrative approval is actionable.In principle,internal administrative act is not actionable,also should not be included in the scope of accepting cases in administrative litigation.But in a certain range,on the basis of judicial practice to study examples,shall definitely meet the conditions will be part of litigation into court case-accepting scope of the administrative approval,timely and right remedy channels,it embodies the attention and respect the rights and obligations of administrative relative person,also shows that in constant pursuit of a fair and just rule of law environment.