Invalid Administrative Action Research

The theory of invalid administrative act is accepted by most jurists in abroad. Though there is no such system of invalid administrative act in China, it becomes involved in some corresponding legislation in recent years. From the value of modern administrative law, which inclines to supervision administrative power and protecting the legal rights of private party, we should speed up the construction of invalid administrative act system. Invalid administrative act is an important institution of the Administrative Procedure Law. This article hold that it should provide the invalid administrative act in the Administrative Procedure Law on the basis of an analysis of the difference of the invalid administrative act and the theoretical basis of the invalid administrative act, the detailed causes of the invalid administrative act and the value of establishing the invalid administrative act.This article is divided into three parts, the first part is some basic concepts, mainly invalid, invalid administrative act and presumed efficacy .The second part is about today's legislation of the invalid administrative act and its analysis from practical and theoretical aspects .In the practical aspect , we point out the problems on the system of invalid administrative act in China , and in the theoretical aspect ,we point out to set up the construction of invalid administrative act in China . Therefore, these drawbacks should be settled by legislation as soon as possible. And the third part is the chief part of this paper, it mainly analyzes some issues in legislation and raises some suggestions. In the end, the author brings some pieces of proposal for prescribing the invalid administrative act in the future.From the above we can draw a conclusion that our country has just started legislation of invalid administrative act; therefore, we should, according to the principle of ruling by law and the constitutional spirit, amend related laws, establish and perfect the system of invalid administration act as soon as possible, so as to suit the demand of administration by law in the new situation.