2005Journal of Shantou UniversityRequires access

Analysis of the Suability of Administrative Guide

Lin Wang

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Abstract

Administrative guide is a relatively special act of exerting executive power.Whether the administrative act should or may be assigned to the scope of administrative litigation has been debated by jurists.The judicial interpretation of the supreme peoples court stipulates that the administrative guide should not be prosecuted in administrative litigation,which not only has errors in articulation but also arouses the suspicion of violating the law.I consider that administrative guide should and may be assigned to the scope of administrative litigation because of its nature,characteristics,and the institutional function of administrative litigation.

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Administrative guide is a relatively special act of exerting executive power.Whether the administrative act should or may be assigned to the scope of administrative litigation has been debated by jurists.The judicial interpretation of the supreme peoples court stipulates that the administrative guide should not be prosecuted in administrative litigation,which not only has errors in articulation but also arouses the suspicion of violating the law.I consider that administrative guide should and may be assigned to the scope of administrative litigation because of its nature,characteristics,and the institutional function of administrative litigation.

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Available abstract

Administrative guide is a relatively special act of exerting executive power.Whether the administrative act should or may be assigned to the scope of administrative litigation has been debated by jurists.The judicial interpretation of the supreme peoples court stipulates that the administrative guide should not be prosecuted in administrative litigation,which not only has errors in articulation but also arouses the suspicion of violating the law.I consider that administrative guide should and may be assigned to the scope of administrative litigation because of its nature,characteristics,and the institutional function of administrative litigation.

Key concepts: Administrative law, Scope (computer science), Supreme court, Law, Interpretation (philosophy), Articulation (sociology), Power (physics), Political science

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