On The Review Of The Legitimacy Of Administrative Acts

In November 1, 2014, The eleventh meeting of the Standing Committee of the Twelfth National People's Republic of China has passed the decision of revising the administrative procedure law. The newly revised administrative procedure law was implemented in May 1,2015.According article 6 of the new law, people's courts hearing administrative cases, to examine the legitimacy of administrative acts. Since 1990 the administrative procedure law has been implemented, The theoretical circles always have held different opinions on the legitimacy review. But the new law did not respond. The intent of this paper is not to revise legitimacy review, but to analyze the elements of the legitimacy of the administrative. taking our country's actual situation and the system of Administrative law into account. purposing a new system of the elements of the legitimacy of the administrative.The legitimacy of the administrative act is a question of substantive law. What kind of administrative act should meet what kind of judgment is the question of procedural law. They are confused in practice. From the legal level, the legitimacy of administrative acts should be judged by substantive law, and the result of the judgment becomes the basis of the judgment on procedure law. From the theoretical level, whether the administrative act is legal depends on whether the elements of the act is legal, Each component is the legitimacy element of administrative act. From the perspective of the judge, that is, the review elements of administrative proceedings. Different from the civil behavior, the legitimacy elements of the administrative act constitute complexly as related to the administrative relative person's behavior. Correspondingly, the review elements of administrative is also quite complex.Review of the elements depends on two aspects, one is the review of the elements, second is the review of standards.Review elements including the subject, the application of the conditions, evidence, administrative procedures and results. Review standards is the statute law. As each review element has different requirements by the statute law, The contents of the review standards are not exactly the same. what is the focus of this paper is guide the judge to make an accurate judgment of the legitimacy of administrative acts in practice through reconstructing review elements of administrative act.This paper takes all the administrative court verdict of local people's courts of Zunyi from May 1, 2015 to July 1, 2015 as the research objects, and proofing the problems andsolutions in the process of legal review. The first part of the article describes the concept and basic principles of the legitimacy review, The second part describes the basic content of the legitimacy review, The third part proposed the question of the legitimacy review. The fourth part is to solve the problems in practice.