Research On The Joint Review Of The Associated Administrative Act

The concept of associated administrative act derived from a process which the way of the administration is interference turned to welfare in Administrative Law, relying on the theory of the administrative process, used to explain the complex legal phenomenon in phase of the administrative activities. The most importance is the judicial review of the associated administrative act. Supreme Court of PRC decreed the case on the provisions of a number of issues about Administrative license, established to take on the joint review of associated administrative act firstly, but it is also very difficult to solve the problems of this system.In fact, both the theoretical value and practical needs, always have stressed that the joint review of associated administrative act to the importance of the development of the Administrative Law. Through comprehensive review of the theory of the determination of administrative act, research with the relation and legality of several administrative acts, the theory of illegal inheritance should be introduced to the Administrative Law, allowing the court substantive review of the associated administrative act under special conditions. In most cases, the court review of the administrative act with the theory of the determination of administrative act, but the court also can take the Joint review when the associated administrative act related to internal standards and external standards which is set by the theory of illegal inheritance.After agreed with the substantialiy joint review to the associated administrative act, then, through in-depth analysis of the inherent attribute of the joint review, we can confirm that the strength of the joint review should be less than the legitimacy review. Specifically, the court should treat associated administrative act with written examination, and comprehensive review the pertinent facts about each one, require the act without any defect. At the same time, clearly led to legitimacy review, linked to supplement with the joint review. The joint review should keeps in step with the legitimacy review in substance of examination, to ensure the different administrative acts should be examined by the joint review and the legitimacy review without any discrimination, prevented the blind spot from Administrative Law, improved the effective connection between the joint review and the legitimacy review.