Construction Of Illegal Inheritance System Of Advanced Administrative Acts

With the diversified development of modern administrative modes,an administrative act usually requires two or more administrative subjects to participate in and cooperate with each other in stages,and administrative organs participate in different ways.Administrative ACTS begin to pay attention to the administrative process,showing the characteristics of dynamic,cooperative and diversified.Accordingly,the judicial review of multi-stage administrative ACTS should be different from the previous mode,and be dealt with in a special way.however,subjected to the administrative procedure law in our country about prosecution conditions,the scope of accepting cases and the provisions of the statute of limitations,and the effect of the illegal truncation between administrative ACTS under the traditional theory of the public determination of administrative ACTS,administrative act interested persons are not attributable to its own reason and can't direct lawsuit against the first administrative action,nor in the subsequent administrative action lawsuit claims first review the legality of administrative act,the administrative behavior of the rights of the parties first relief difficult to achieve.In the new era,under the strong demand of judicial relief and individual justice,the rationality of "illegal truncation" under the principle of traditional public determination has been questioned by the society.The theory of inheritance of illegality arise,and proposes to examine whether the first administrative act is legal in the subsequent administrative act litigation of multi-stage administrative act,and to continue the illegality effect of the first administrative act in the judgment of the legitimacy of the subsequent administrative act,so as to realize the judicial review of the first administrative act.This theory is of great significance for the right relief of the first administrative act and the optimization of the judicial trial path.The concept of "illegal inheritance" originated in Japan and has been fully discussed by domestic scholars in recent years.China's judicial practice has different views on "illegality inheritance",and different judicial positions reflect different views on "illegality inheritance" and the choice of value conflict,so it is necessary to analyze and discuss it.Should illegal inheritance system be introduced into China?If the system is introduced,how to determine the applicable scope of illegality inheritance?How to choose the benchmark of illegality judgment?How to choose the time point of illegality judgment?It is necessary to further clarify the above issues.This article obtains from theconcept and characteristics of the first administrative behavior,and analysis to the judicial relief predicament of the first administrative action and the theory behind the reason,and then introduces illegality inheritance theory and relevant theory,and through the analysis of China's judicial cases,propose the necessity and feasibility of building China's illegality inheritance system,and make suggestions for the determination of illegality inheritance applicable scope,the choice of illegality judgment benchmarks,the selection of illegality judgment time,in order to build up suitable for its inheritance system of justice practice in our country.