Research Of Invalid Administrative Act

Invalid administrative act is a household legal concept.But,actually its real meaning is unknown to us.The reason of this dilemma lies in that a good amount of theoretical fruits can be found everywhere,while,the practice of this concept is unseen.A good amount of theoretical fruits about the invalid administrative act provides a plentiful supply of materials;And more importantly,they form the basis of enactment of this concept.But in China,the system of invalid administrative act does not take form so far.On the one hand,there is no basis for the implement of invalid administrative act;On the other hand,the top-level construction of legislative system is imperfect,that is to say,relative laws and regulations are not enacted.And this results that the judiciary is over prudent about those invalid administrative act related cases,thus produces different judgments.Although the promulgation of Administrative Procedural Law marks an important beginning of the construction of invalid administrative act system,it only makes simple formulation on the standard of invalid administrative act and does not make clear rules on the operation of that set of rules(e.g.,rules of the validity of limitations,the principle of lawsuit non-enforcement),thus makes the invalid administrative act belong to those revocable administrative behaviors,which veils its independent value.The ambiguity of the invalid administrative behavior also results in the weakness of invalid confirmation litigation.Establishment of the invalid administrative act system should combine law-making and judicial practice together.Namely,in the aspect of legislation,a unified code should be introduced and a invalid confirmation litigation system should be established.In the process of judicial practice,the invalid administrative act theory should be explicitly illustrated in the court judgment of relative cases.