毕业论文__论抽象行政行为的可诉性.docVIP

摘要关键词： Abstract Administrative Litigation Law has been established for many years in China, and it has made great achievements. Especially balanced the relationship between government and citizens. It has improved the status of the citizens, while limited the expansion of executive power. However, the scope Chinas administrative litigation is too narrow, especially abstract administrative action is non-actionable. This is one of the biggest legal problems in China. Abstract administrative actions is an important issue in administrative proceedings. Abstract administrative acts actionable decides subject to administrative supervision of administrative acts of the judiciary authority, the legitimate rights and interests of the executive relative to how much maintenance are also available from the abstract administrative acts whether or not to decide. Abstract administrative acts non-actionable, resulting in a narrow range of administrative proceedings, and certainly can not give full relief to the legitimate rights and interests of the administration relative, and also can’t constrain executive authorities better. In practice, a lot of abstract administrative act has become an important menas of protection of government departments and selfishness. This phenomenon is to hinder the modernization process of China’s socialism rule of law. In the context of current rule of law, in order to achieve the legislative goal aero well as to improve the work efficiency of the executive, it is necessary to carry out the relevant legislative amendments and put abstract administrative action in the acope of administrative proceedings. This paper will start from the current situ of abstract administrative action and the existing oversight system, pointing out the disadvantages of the abstract administrative action non-actionable. Then I will demonstrate the necessity and feasibility of the justiciability, and finall put out my suggestions. Key Words: Abstract administrative action