The New "Administrative Procedure Law" Confirms The Application Of Invalid Judgments

The seventy-fifth of the New "Administrative procedural law" have made clear rules of the judgment of confirming invalid,It has set two kinds of invalid situation include “have no rights as principal”and “have no basis”,and the criterion to judge is the extent of the violation is significant and clearly.But it still has many shortcomings.Although the Supreme people's court have issued new judicial interpretation to make further provision,it still has many problems such as the examples is not rigorous;the examples are too limited so cannot cover the judicial practice;the uncertain legal concept make the standard tends to blur;the application of the form of judgement tending to chaos and so on.And the Courts have different view of the time limit for prosecution.These problems have becoming a trouble of the application of the judgement of confirming invalid,It is not conducive to display the independent value of the judgement and protect the legal interest of the administrative counterpart.In this paper,the empirical analysis is based on the litigation cases in the net from May 1,2015 to April 30,2017 cited the seventy-fifth of "administrative litigation law",a total of 646 cases.I have analyzed the start path of confirming invalid adjudications and problems in judicial status when apply the judgment.There are mainly legislative defects and judicial application plight.At the legislative level,the sample of the judgment is not rigorous,only set two issues about "no qualification" and "no basis",and did not make a clear explanation;the example is too limited,it is difficult to cover many invalid administrative acts of judicial practice.Although the new judicial interpretation has added a new situation of “cannot be realized objectively”,It is still not enough.On the judicial level,the transformation of the judgment tend to confusion.The confirmation of invalid judgment should be consistent judgment,but in practice,It is common that relative person requesting confirmation of illegal or revoked,and the Court confirmed the situation is invalid.This situation is contrary to the original intention of legislation.The Court have different view of the deadline of the sue,so the same case may have different judgement.A court held that the time limit for a specific prosecution is not limited to the time when the law did not confirm the invalid action.It should still be limited by the time limit for prosecution.And the other court held that the invalid act was invalid at the beginning,and the relative person could always claim that the administrative act was invalid and not subject to the limitation of prosecution.Aiming at the problems existing in the application of the judgment of affirming invalid,this article explores the improvement of the system of affirming invalid judgment,and analyzes it theoretically and systematically.On the legal situation of invalid decisions for the reviews,and extract the experience from judicial practice,invalid judgment on the situation shall be confirmed and analyzed supplement;confirmed invalid path decision that strictly follow the type of judgment,calling for legislation to cancel the invalid administrative prosecution deadline,and clear confirmation of the burden of proof invalid lawsuit.