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Discussion on the Judicial Review of the Abstractive Act of Administration

Author: HouYong
Tutor: CuiZhuoLan
School: Jilin University
Course: Legal
Keywords: Abstract administrative act Judicial Review Separation of powers The sovereignty of the people
CLC: D925.3
Type: Master's thesis
Year: 2005
Downloads: 214
Quote: 0
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Abstract


Abstract judicial review of administrative action is an important issue of administrative proceedings , discusses academic circles both at home and abroad . Moreover , many developed countries have already established a system of judicial review of abstract administrative act , the jurisdiction effectively restricted the executive power , protect the legitimate rights and interests of citizens . Since the administrative litigation system was established , due to historical reasons and the concept of the judiciary only specific administrative act subject to judicial review , abstract administrative act outside the scope of judicial review were excluded . This situation has been unable to meet the requirements of democracy and the rule of law in the implementation of the rule of law , control the executive power, jurisdiction , and to prevent its unlawful infringement of the rights of citizens , which has become the trend of the development of the constitutional system . This paper argues that the abstract administrative act supervision , there are many problems , can not effectively protect the legitimate rights and interests of administrative counterparts . Therefore, we learn from the foreign administrative law theory and practice of judicial review of the experience of abstract administrative act , the analysis and evaluation of the necessity and feasibility of the system of abstract judicial review of administrative action , and on this basis, the establishment of abstract administrative acts Judicial censorship idea to be beneficial to the theoretical study of China's current system of judicial review and judicial practice .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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