Abercrombie,On the abstract administrative actions

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On the abstract administrative actions in issues 1

Abstract: The abstract administrative actions in the modern administrative law scholars of the problem is a big controversial academic issues. Can the abstract judicial review of administrative action, and how to build included in the abstract system of judicial review of administrative action will become a focus of the development of administrative law. I argue only in respect of administrative behavior in the abstract issue of complaints to talk about their views, to question to you. If wrong place,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], please be criticism and in order to encourage each other.
Keywords: judicial review of administrative proceedings abstract administrative act administrative body
I. Introduction
Abstract administrative act is not the state administrative organs for the implementation of a specific object can be repeatedly used universally binding rules of conduct act. Abstract administrative act has the following characteristics: First, the abstract administrative acts are subject to terms of a unilateral administrative act. Administrative action to implement the main body of the abstract must be the principal executive and administrative body of abstract administrative acts are based on their own terms the unilateral act as it's set up not to the administrative counterpart of the agreement for the conditions. Second, the object of abstract administrative act is not specific. Abstract in general and administrative acts and things not to regulate a specific object, not for specific people or events. Third, the validity of administrative acts abstract universal and re-use of. Abstract administrative acts are acts universally binding, it is binding a certain type of people and things. Fourth, the abstract administrative behavior is not actionable. The current system of administrative litigation in China, the Chief relative to the specific administrative act may bring an administrative lawsuit, but the abstract administrative act can not be direct targets of administrative litigation.
According to various criteria, the abstract administrative act can be classified differently. The most common classification is based on the extent and effectiveness of the level of specification as standard,[link widoczny dla zalogowanych], according to this classification, the abstract administrative act is divided into: the executive and legislative acts and normative documents the development of other administrative actions. The executive and legislative behavior is to enact administrative rules and administrative regulations. Development of the behavior of other normative documents is the executive administrative measures and issue decisions and orders of the behavior. Abstract administrative act has a very important position in national life and economic life play an important role in the party and the state of major policies and the specific details,[link widoczny dla zalogowanych], is an important tool for the people's democratic state. Mainly in the following aspects: First, the executive power to set reasonable,[link widoczny dla zalogowanych], uniform and efficient security administration. Administrative activities of the modern complex and changeable, and abstract administrative act has the characteristics of stability and general applicability, and thus able to adapt to the complex and volatile society. Second, to regulate and control the executive power to protect the legitimate rights and interests of citizens. Development of relevant laws and regulations for the use of executive power to set certain standards and limits, so to control and regulate the effectiveness of executive power, to close and protect the legitimate rights and interests of citizens. Third, to promote the establishment and perfection of market economy. Market economy is a new thing for China, especially the building of a socialist market economy with Chinese characteristics is an unprecedented great attempt. Abstract administrative act is based on the development of social behavior to develop rules and regulations, consistent with social development through the formulation of rules and regulations of the socialist market economy will be covered by the rules of science health and orderly development. Abstract administrative acts to protect the socialist market economy.
Everything has positive and negative aspects. See the abstract in the important role of administrative action, we must also recognize that the abstract administrative acts may harm. Administrative organs and their staff may also be made illegal or improper abstract administrative act, this will cause serious consequences. Since the abstract administrative act has involved extensive and long period of relative characteristics, so that if the executive authorities and their staff to make illegal or improper abstract administrative act, then not only violated the legitimate rights and interests of the masses, but also affect the party and government organs image, contrary to the purpose of serving the people wholeheartedly, building a harmonious society will be impossible. Meanwhile, the abstract administrative act involving a particularly large number of administrative counterpart, often lead to litigation and community action groups, resulting in social unrest, then the good situation of socialist modernization will be destroyed. Thus, the abstract administrative acts of administrative proceedings a very important issue.

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