Currently, the judicial examination over abstract administrative behaviors exists only within certain areas of China’s administrative litigation. By revising China’s current administrative litigation law,the People...Currently, the judicial examination over abstract administrative behaviors exists only within certain areas of China’s administrative litigation. By revising China’s current administrative litigation law,the People’s Court should be entitled to the right of examining the legitimacy of any legal documents provided by administrative departments which are out of the definition of the constitution and fundamental laws and are intended to attest the legitimacy of specific administrative behaviors so as to determine whether they can be used as legal evidence for the legitimacy of these behaviors. The judicial examination system of abstract administrative behaviors with Chinese characteristics should be built up on the basis of this procedure. With comprehensive examination, case supervision and no invalidation as the guilding ideology, we should follow the principles of comprehensive examination, indirect examination, subsidiary examination, no trial without complaint as well as examination on the same or junior levels. The identification of the illegitimacy of abstract administrative behaviors could follow a loose standard instead of copying the examination system of unconstitutionality in western countries.展开更多
文摘Currently, the judicial examination over abstract administrative behaviors exists only within certain areas of China’s administrative litigation. By revising China’s current administrative litigation law,the People’s Court should be entitled to the right of examining the legitimacy of any legal documents provided by administrative departments which are out of the definition of the constitution and fundamental laws and are intended to attest the legitimacy of specific administrative behaviors so as to determine whether they can be used as legal evidence for the legitimacy of these behaviors. The judicial examination system of abstract administrative behaviors with Chinese characteristics should be built up on the basis of this procedure. With comprehensive examination, case supervision and no invalidation as the guilding ideology, we should follow the principles of comprehensive examination, indirect examination, subsidiary examination, no trial without complaint as well as examination on the same or junior levels. The identification of the illegitimacy of abstract administrative behaviors could follow a loose standard instead of copying the examination system of unconstitutionality in western countries.
