Study On The Invalid Administrative Act

Invalid administrative act is one of significant parts of the Theory of Administrative Act Effect. It plays a very important role on controlling administrative powers and protecting the legitimate rights of the counterparts. Thus, it has been promulgated by the Administrative Procedure Laws in the continental law system, and turned into an important institution. However, China's relevant regulations regarding this institution remains defected and imperfect due to various reasons. A wholesome invalid administrative act institution has not yet been established. Hence, it's enormously necessary to illustrate in theory and provide some practical approaches for China's administrative trial practice and making of a unified administrative procedure law.This article, first of all, defines the Invalid Administrative Act, meanwhile it puts forward a unanimous concept in accordance with the continental law system and the circle of China's administrative law profession.Secondly, the article conducts a method of comparative research to the legislation of invalid administrative act in the continental law system. It gives the utmost priority to the comparisons of the appraisal criteria, specific reasons, confirmation ways and legal outcomes of invalid administrative act.After that, it analyses China's invalid administrative act theory and practice using a historical investigation approach, furthermore, it points out the problems and defects existing in China's current invalid administrative act institution.Finally, based on the analysis of the necessity of the establishment of China's invalid administrative act institution, this paper has contributed some practical and meaningful proposals for constructing China's invalid...