Research On Externalization And Appealability Of Internal Administrative Behavior

In 2014,the Administrative Litigation Law was changed to "administrative behavior" in the scope of the case.Administrative law theory divides administrative behavior into two aspects:broad and narrow.The narrow administrative actions only include the legal actions of the administrative organs in the exercise of administrative powers.Generalized administrative behavior includes not only administrative legal acts,but also administrative factual acts.From the negative enumeration of the scope of administrative litigation in Article 13 of the Administrative Litigation Law of 2014,it can be seen that the administrative act in the scope of administrative litigation is not in a broad sense,and the personnel act cannot be brought into litigation.According to judicial experience and related academic explanations,other internal administrative actions are generally not subject to judicial review.In 2013,the No.22 guidance case issued by the Supreme People’s Court(hereinafter referred to as the No.22 guidance case)determined that the internal administrative actions were prosecutable after being externalized,and belonged to the scope of the people’s court,but whether it was the No.22 guidance case or The Interpretation of the Supreme People’s Court on the Application of the Administrative Procedure Law of the People’s Republic of China does not further explain the connotation and external boundaries of externalization.The academic circles have not formed a unified understanding of this.This paper will conduct an empirical analysis of the externalization of internal administrative actions and further improve the theoretical connotation of the externalization of internal administrative actions.This paper will be divided into four parts.The first part explains the related theoretical concepts of internal administrative behavior and internal administrative behavior externalization.The second part conducts an empirical analysis of the relevant judicial precedents of the internalization of internal administrative actions in China and the relevant guidance cases of the Supreme People’s Court,and analyzes the main basis and different viewpoints of judging the externalization of internal administrative actions in China’s judicial trials.And further analyzes the nature of behavior after the externalization of internal administrative behavior.The third part conducts an extraterritorial investigation on the externalization of internal administrative acts of maj or civil law countries and regions,and analyzes the different standards of the major civil law countries in the treatment of internal administrative behaviors,and analyzes their rationality and inadequacies.The fourth part combines the empirical analysis results of the trial practice and guidance cases in the domain and the main theoretical and practical experiences of the extra-territorial civil law countries,comprehensively analyzes and puts forward the specific standards of externalization of internal administrative actions,and improves the connotation and externalization of internal administrative behavior externalization along.