Invalid Administrative Action Research

The invalid administrative act is a comparatively new subject which has not been paid enough consideration in theoretical circle in China's Mainland by now. This dissertation intends to carry out an elementary but systematic analysis to do some good to the construction of China's invalid administrative act in theory and system.The dissertation is divided into three parts besides preface and conclusion . The first part is concerned with the basic theoretical issues of the invalid administrative act, which mainly involves its implication, features, functions, theoretical foundation and so on. the invalid administrative act greatly and evidently violates the law, so it is different with administrative act which can be annulled. It is lack of unchangeableness, that is, it has no effect definitely and certainly from beginning without declaration and affirmation of organs of power. The main function of the invalid administrative act is protecting citizens' rights .The second part analyzes its current situation in research, summarizes achievements at present, points out deficiencies and makes direction clear. Because there is no definite rule about standards on its affirmation in substantive law and no enough consideration in theoretical circle, a lot of problems emerge in administrative and judicial practice. So the focal point in theoretical research is the confirmation of standards. Using the research achievements of continental countries and areas, the rules can be set with general and concrete standards."No relief, no right. " "The relief for right should be in effect. " The third part is concerned with the relief system of the invalid administrative act In order to safeguard the relief of citizens' rights sufficient, effect and timely, it should consist of concrete systems: the right of resistance system, administrative reconsideration system, administrative proceedings system, administrative enforcement system, national indemnity system and letters and calls system. Citizens can exercise the right of resistance against the invalid administrative act according to rational judgment, that is, the citizen is not obedient to the invalid administrative act legitimately. The author also does elementary research in judicial relief from typological administrative lawsuit, points out conditions of special importance...