2013•Journal of Taiyuan Normal UniversityRequires access

Comparative Analysis on Judicial Review Pattern of Abstract Administrative Act

Xiaoxuan Wang

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Abstract

At present,it almost comes to the consensus that the Abstract administrative act belongs to the scope of administrative litigation in the academic circles,but there is rare specific discussion on its judicial review pattern.In this issue,common practice of the mainstream countries and regions is concrete review and limited Abstract review.In view of China's constitutional system and judicial practice conditions,the court has no jurisdiction to review the legality of administrative legislation.Meanwhile Chinese court is premature in taking Abstract review on administrative regulations and other normative documents.In the future,the Administrative Litigation Law should be modified so that the court can refuse to apply illegal regulations and declare invalidation in individual cases.

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What this paper is about

At present,it almost comes to the consensus that the Abstract administrative act belongs to the scope of administrative litigation in the academic circles,but there is rare specific discussion on its judicial review pattern.In this issue,common practice of the mainstream countries and regions is concrete review and limited Abstract review.In view of China's constitutional system and judicial practice conditions,the court has no jurisdiction to review the legality of administrative legislation.Meanwhile Chinese court is premature in taking Abstract review on administrative regulations and other normative documents.In the future,the Administrative Litigation Law should be modified so that the court can refuse to apply illegal regulations and declare invalidation in individual cases.

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Available abstract

At present,it almost comes to the consensus that the Abstract administrative act belongs to the scope of administrative litigation in the academic circles,but there is rare specific discussion on its judicial review pattern.In this issue,common practice of the mainstream countries and regions is concrete review and limited Abstract review.In view of China's constitutional system and judicial practice conditions,the court has no jurisdiction to review the legality of administrative legislation.Meanwhile Chinese court is premature in taking Abstract review on administrative regulations and other normative documents.In the future,the Administrative Litigation Law should be modified so that the court can refuse to apply illegal regulations and declare invalidation in individual cases.

Key concepts: Principle of legality, Jurisdiction, Judicial review, Law, Political science, Normative, Legislation, Administrative law

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