Research On The Application Of The Illegality Inherited Of Administrative Action Theory In China

The Illegality Inherited of Administrative Action theory refers to a number of administrative actions that have laws in order,one in which administrative actions can not be contested.The court can withdraw the the subsequent administrative action based on the illegality of the antecedent administration.The theory which came from Germany has been developed by japan after the World War II.In general,illegality inheriting as exception and the illegality blocking as principle.Nowadays,the scholars propose the judging standard of illegality inheriting by the entity judgment and procedural guarantee.The administrative efficiency is more and more important to the administrative organs with the development of the society.Multi-sectorals participation,a variety of administrative means combination,multi-sectorals,multi agents jointing became more and more popular.Judicial organs in the judgment of the problem gradually revealed facing with increasingly complex administrative acts.The Illegality inherited of Administrative Action Theory is of great practical significance to solve this kind of problems in the application of law.A lot of studies on the typical cases of the related administrative acts from the perspective of administrative litigation,the writer intended to clarify that the courts in our country did not quote the doctrine directly.However,in the review of the relevant administrative acts,the theory can not be avoided.Different courts made different judgments based on the understanding of the presumptive legality of administrative acts and the administrative disputes,balancing the legal certainty and substantial justice,using trial techniques.The author stars with the range of illegal inheritance,the basis of judgment and the essential elements of the theory,based on the discussion of domestic scholars' research,combing the related problems of Japan,aiming to understand the theory deeply.The writer put forward the feasible path of judicial application of the theory according to the newly revised Administrative Procedure Law.