Research On Invalid Affirmation Litigation Of China

Although China has recognized invalid affirmation litigation in the law, however, both thetheory of invalid administrative act is not mature and also lack of invalid affirmationlitigation system. In the first chapter, combine with the57thof 《Explanation on some issuesrelating to the execution of Republic of China》, there are some problems in this legalprovision. First, there is no clearly judgment standard for judging invalid administrative act,it means the object which applicable to is not clear. Second, there are no proceedingsprovided to confirm invalid administrative acts, if there are some specific regulations, theprivate party could have some clear guidelines by the legal means to protect his rights.By analysis and use for reference on extraterritorial invalid affirmation litigation system, andcombined with China’s actual situation, author try to make four suggestions to constructour invalid administrative act litigation system. First, regulate the standards ofthe invalid administrative act. Second, regulate how to confirmthe special litigation elements of the invalid affirmation litigation. Third,confirm the relationship between the invalid affirmation litigation and revocatory litigation.Forth, provide the private party defense program and injunction in administrativeenforcement system.Establish the invalid affirmation litigation system, could provide a clear legal advice for theprivate party to seek the judicial relief, strengthen the relief means of the administrativelitigation, and by the innovation of the system, could gradually make up the lack ofadministrative litigation remedies.