Research on the Justiciability of Administrative Acts

Author: Hao Mingjin
Publisher:
Publish Date: 2005-09-01
Features: This book conducts research on administrative acts from the perspective of viability, focusing on four aspects: the principles, scope, standards, and types of the viability of administrative acts. The author argues that viability refers to the litigability of legal acts, and litigability is the essential attribute of administrative acts. Administrative litigation is a practical form of constitutionalism, and its purpose is to resolve administrative disputes. The author points out that the principle of presuming reviewability should be implemented, further expanding and improving the scope of administrative litigation in China, and establishing an administrative case system as a supplement. This book is the first to propose that the viability of administrative acts mainly includes four standards: violation of law, interest in litigation, finality of the act, and exhaustion of administrative remedies. It provides a relatively comprehensive and systematic elaboration on abstract administrative acts, administrative inaction, procedural administrative acts, and internal administrative acts, arguing that these acts should all fall within the scope of administrative litigation in China.