2010•Huazhong Normal University Journal of PostgraduatesRequires access

On the Justiciability of Agency Final Adjudications

Sun Yong

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Abstract

The agency final adjudication is the power that law entrusts with administrative organs to exclude judicial review,but it not only goes against the democratic legal system's requirement,but also counteracts the judicial final principle. This article proves the serious malpractice which is caused by the non-actionable agency final adjudication,and proposes this kind of behavior should also integrate to the judicial review scope,through examining the overseas related advanced experience.

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What this paper is about

The agency final adjudication is the power that law entrusts with administrative organs to exclude judicial review,but it not only goes against the democratic legal system's requirement,but also counteracts the judicial final principle. This article proves the serious malpractice which is caused by the non-actionable agency final adjudication,and proposes this kind of behavior should also integrate to the judicial review scope,through examining the overseas related advanced experience.

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Available abstract

The agency final adjudication is the power that law entrusts with administrative organs to exclude judicial review,but it not only goes against the democratic legal system's requirement,but also counteracts the judicial final principle. This article proves the serious malpractice which is caused by the non-actionable agency final adjudication,and proposes this kind of behavior should also integrate to the judicial review scope,through examining the overseas related advanced experience.

Key concepts: Justiciability, Adjudication, Agency (philosophy), Scope (computer science), Political science, Law, Judicial review, Power (physics)

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