The Juristic Cognizance Of Invalid Administrative Act

2014,the revising of "administrative procedural law" is the great rule that Chinese administrative law and the legal science field were concerned.It opens the major process that theprocedure legislative guide with entity legislative,and then unified legal system in final.The revising wasconsistentlyrecognised by the academic and practice field because itslegal system innovation andthe wise of law.The truleestablishment of invalid administrative act system in the justice of the part is the most significant. The 75 th regulation of "Administrative procedural law" stipulates:if administrative act has one of major and obvious illegal situations, such as its implementer hasn’t administrative subject qualificationor legal basis,etc. the plaintiff apply court to confirm the administrative act invalid, the people’s court rulesit invalid.The list and summarized mode provides a clear operational rules for judicial organs,and also provides a judgment standard of free sentence at the same time.However, the system also leaves a huge space discussion for the academic field and practice field. "Administrative procedural law", for example, unified the concept of administrative act, but whether the system of invalid administrative act apply to all types of administrative act or not, whatis the applicable objects?In a clear reason, how to understand the concept of implementing the subject and the relationship between the invalid reason and theadministrative proceeding defendant?And how to understand “no legal basis”?Do the word has the prefix exists before it?Do have other invalid reasonsaccording to the general criterion,?Whether the administrative agreement is applicable object for the system of invalid administrative act or not? All these problems all areprioritiesin order to make the system earnestly implementtedin the judicial.This article will attempt toanalysislegal termsinvolved in the invalidsystem one by one from the perspective of hermeneutic, applycase analysis methodto provide practical support for the viewpoints in this paper, apply the method of comparative analysis to review and criticize different scholars’ different views of the same question, anddraw lessons from its appropriate practicesby comparing with invalid administrative act in the Taiwan region on basis of our country actual situation, finally make answersto the above questions.System of invalid administrative act does not apply to all type of administrative behavior; we should focus onthe formal judgment elements about the issue “ the implementer of the administrative behavior does not have administrative subject qualification”,that is,who making subject of the administrative decision is;“No basis” ask judicial to play their own initiative, they need to think no legal basis, no factual basis and the lack of transactional authority basis at the same time as the consideration of factors. For the other implication reasons, it asloneed judge to exercise judicial discretion and review other illegal reason is invalid under the standard of.General discussion of reason have kinds of situations,like cann’t recognize to the subject, the law cannot, the facts cannot, in violation of social morality, etc.In addition, it should not be doubt tha the invalid administrative behavior is applicable to administrative agreement,and it has itsparticularitycompared with the administrative behavior of general invalid reason.