The Invalid Judgment Study Was Confirmed In Administrative Litigation

The confirmation invalid judgment in administrative litigation improves the form of judgment in administrative litigation and strengthens the adequacy of the court to the relief of the relative rights and the supervision of the administrative power as the addition of the new amended Administrative Litigation Law.Administrative confirmation invalid judgment means that the plaintiff request the court to have significant and obvious defects of the administrative action review,the court based on the plaintiff's application to make administrative action effectiveness of the judgment.Invalid judgment applies to invalid administrative action in administrative litigation.Invalid administrative action is a significant and obvious flawed administrative act,not a public power and is from the beginning,to determine,of course,invalid.This determines the invalid administrative acts and not established administrative acts and general illegal administrative acts there is a clear difference,the fundamental difference lies in whether it has a public power.The distinction between them makes it impossible to apply uniform procedural rules between the confirmation of invalidation and the decision to rescind and the confirmation of an unlawful judgment.In Germany,Japan and Taiwan in the early construction of confirmation of invalid action basically have a set of different from the withdrawal of the special lawsuit proceedings.In spite of the fact that Germany and Japan do not have the same recognition of invalidity,their special procedures basically include the time limit of prosecution,previous procedure,plaintiff qualification and burden of proof.Judicial practice of the administrative confirmation invalid judgment of our country started relatively late,but it has an irreplaceable role.At present,China's administrative confirmation invalid ruling in the administrative substantive law on the administrative action "invalid" abuse,to confirm the application of invalid judgments,to confirm the invalidity of the special procedures of the lack of such issues,resulting in judicial practice to invalidate the verdict does not The formation of a unified standard and uniform procedures,affecting the court in administrative proceedings to confirm the use of invalid judgments.The concept and characteristics of invalid administrative action need to be clearly stipulated in the future administrative procedure law,so as to provide a definite object of application for confirming invalid judgment.In the special procedure of confirming the invalid judgment,the limitationof the limitation of prosecution time is the basic premise.The limitation of the qualification of the plaintiff,the setting of the previous procedure and the effect of the suspension of execution are not applicable to our confirmation invalid judgment.The special burden of proof should be such that during the statutory period of indictment the plaintiff bears the burden of proving that there is a significant and obvious defect in the administrative act and that the defendant bears the burden of proving the lawfulness of the administrative act;Bear the burden of proving that there is a significant and obvious flaw in the administrative act.In addition to the statutory time limit for prosecution,the particularity of the object of adjudication of invalidation determines that it can be tried by summary procedure.