On the Non-litigious Nature and Incidental Judicial Review of an Abstract Administrative Act

administrative act falling within the administrative proceedings is different from one that falls within a judicial review by a court. The judicial review of an abstract administrative act consists of special review and attached review. The abstract administrative act that falls within the administrative proceedings belongs to the former. However, this author maintains that in accordance with the present judiciary system in China, it is improper to hold that an abstract administrative act is of litigious nature or is within the range of administrative proceedings. But regulations and the abstract administrative act as performed do have incidental judicial value. We can improve this attached judicial review system while amending the Administrative Proceedings Act, which seems to be a wise choice.