On The Litigability Of Internal Administrative Action

At present,my country’s internal administrative acts are excluded from the scope of accepting cases.The main theoretical basis is that internal administrative acts are basically the management relationship within the administrative subject and will not affect the interests of external legal subjects.With the transformation of the administrative law form and the development of administrative law enforcement practice,the phenomenon of internal behavior crossing the boundary and infringing the rights and interests of external entities frequently occurs.Therefore,"one-size-fits-all" exclusion of internal behavior from the scope of administrative litigation is not conducive to protecting the legitimate rights and interests of administrative counterparts,and it is also contrary to the development of my country’s administrative rule of law.The purpose of filing an administrative lawsuit is to remedy the legitimate rights and interests of the counterparty violated by the actions of the administrative organ.The Supreme People’s Court pointed out in Guiding Case No.22 that some internal administrative actions can be included in administrative litigation after "externalization".It can be seen that how to externalize internal behavior is the key to achieving justiciability.To delve into the conditions and requirements of externalization.However,on this issue,the Supreme People’s Court’s adjudication rules in relevant cases are not completely qualitative,and the views of the academic community are also not unified.This paper believes that since the internal administrative behavior is necessary and feasible to be sued,in order to provide a specific and clear idea of suing,it is necessary to first identify and classify the internal administrative behavior,and sort out the constituent elements of the internal administrative behavior;To sort out the meaning and types of externalization,to provide the most direct standard for suitability;finally,through the analysis of the current legislative situation and the current factors hindering the suitability of our internal administrative actions,we seek solutions suitable for our country’s national conditions,in order to hope that when the internal When administrative actions are externalized and actionable conditions are met,it can be beneficial to judicial review and the clarity of decisions.