Research On Externalization Of Internal Administrative Behavior

In the general concept of administrative litigation law in China,it is considered that the content of internal administrative acts involves that the administrative management within the administrative system does not involve private interests outside the administrative organization,so "internal administrative actions cannot be prosecuted" has become a kind of Say.However,there are many forms of internal administrative actions injudicial practice,but actually break through the internal administrative actions within the administrative organization that affect the legitimate rights and interests of external parties.The external administrative action is no longer a pure internal administrative act.It is internal in form and essentially an external administrative act.However,because of its internal nature,it is not easy to be supervised by judicial review,making it difficult to maintain the legitimate rights and interests of administrative counterparts.The purpose of administrative litigation is to provide judicial relief to the legitimate rights and interests of the judicial organs,when the internal administrative action breaks through the internal control system and is known by the administrative counterpart,the content of the internal administrative act does have a practical impact on the rights and obligations of the administrative counterpart,and there is no other specific administrative act that can directly appeal to the outside.It is acknowledged that the administrative act has actually been transformed from an inoperable internal administrative act into an actionable externalized internal administrative act.Therefore,the internal administrative actions of externalization should be included in the scope of judicial review to protect the legitimate rights and interests of administrative counterparts.The internal administrative actions of externalization are mainly internal administrative acts of a working nature,with approvals,notices and meeting minutes Judging whether such internal administrative actions are externalized depends on both the surface and the essence,including the formal and substantive elements of externalization.The formal requirement of externalization is that the administrative counterpart knows the internal administrative act,which is also a necessary condition for the administrative counterpart to appeal the administrative action existing in the administrative system to the court.If the internal administrative act is always within the administrative system,there is no possibility of externalization.The essential element of externalization is that the internal administrative act has a practical impact on the rights and obligations of the administrative counterpart.This is also a key element in the scope of judicial review of internal administrative actions.Because the content of internal administrative actions is to arrange specific matters of a specific person,involving the legitimate rights and interests of the parties.Moreover,since the administrative agency has not made specific administrative actions that directly affect the legitimate rights and interests of the relatives according to the internal administrative actions in accordance with the normal administrative activities procedures,the internal administrative actions have become the final mature actionable administrative actions.