The Judicial Review Approach Of Association Behavior In The Process Of Administrative Action

When the administrative behaviors are in mutual associations and the whole process of administrative activities are composed of a series of administrative behaviors, to identify the relationship between the effectivenessof the administrative act and the effect of the association behaviors can be a difficult problem. From the two cases published by the Supreme Court bulletin, the courts review the association behaviors in different ways in the process of judicial review.The Supreme People’s Court promulgated followed by judicial interpretation that to exceed powers, the apparent lack of recognition based on facts, the apparent lack of legal basis and other major illegal cases cannot be recognized. The Supreme People’s court has showed its basic position on the judicial review of association behavior.But in fact, the administrative litigation practice about the association behavior has generally formed four review manners on the association behavior,such as separate review, evidence review, formal review and substantive review.But each mode cannot be perfect. That is why it is necessary to identify the connotation and denotation of association behavior. To conduct a comprehensive study on the judicial review approach of association behavior, the first step is to clarify the connotation, extension and type of association behavior.Association behavior in the system of administrative act theory should belong to the stage administrative act. Stage administrative behavior is the administrative behavior followed the pace of the times. Stage administrative behavior contains multi stage of administrative behavior and the complex administrative behaviors in multi stage of administrative procedure. Only when back to the source theory can there be real problem found. Basing on clarifying the theoretical origin, put the examination association behavior and approval association behavior into multiple stage administrative act and let the independent association behavior into multiple stage administrative procedure, so that clarify the judicial review route of different association behavior.Judicial review of administrative action and administrative procedure of multi stage face the theory obstaclesof administrative behavior effect.So scholars agree that administrative act in the face of complex administrative reality has been seriously out of touch with reality. "Administrative process theory" emerges as the times require.But because of the lack of system construction, the research object and the research content is not clear, the theory only provides a perspective of "found the problem", unable to achieve the purpose of "problem solving".After all, the current system is around the core of administrative act to build up.Although you can use administrative process theory perspective to analyze the problem,but the ultimate solution to the problem is back to the discussion of administrative behavior itself.Therefore, the theory of administrative process view, administrative act theory method will be the basic thinking to investigate the judicial review approach of association behavior.