Study On The Confirmation Of Invalidation In Administrative Litigation

The Administrative Procedure Law of the People's Republic of China(hereinafter referred to as the Administrative Procedure Law),which was implemented on May 1,2015,added a confirmation of invalidation and improved the administrative litigation judgment system in China.On February 8,2018,the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China(hereinafter referred to as the “Interpretation of the Lawsuit”)was officially implemented.The "Procedural Interpretation" stipulates the specific circumstances and conversion provisions of "significant and obvious violations of the law".However,China's confirmation of invalid judgments,because the invalidation standards are too abstract and rigorous,and lack of independent procedures for the administrative counterparts to initiate invalidation proceedings,making their own independent value relative to the revocation of judgments difficult to highlight.Therefore,it cannot be said that China has a complete system for confirming invalid litigation.This paper starts from the basic problem of confirming invalid judgment,and focuses on the judicial practice of reviewing standards.It is divided into four parts to systematically study the confirmation of invalid judgment,in order to provide appropriate suggestions for perfecting China's confirmation of invalid judgment.The first part analyzes the invalidation judgment from three aspects.First,the function of confirming invalid decisions is discussed.Secondly,the conversion rules in the confirmation invalidation judgment were analyzed.There are two kinds of conversions: one is to cancel the conversion of the lawsuit to confirm the invalidation of the lawsuit;the other is to confirm the conversion of the invalid lawsuit to the cancellation lawsuit.Finally,the author points out the three major difficulties in the existence of invalid judgments in China.The second part mainly discusses the relevant content and enlightenment of the case of invalidation in the extraterritorial and Taiwanese areas.The author first analyzes in detail the applicable objects and special procedures of the invalidation of the lawsuits in Germany,Japan and Taiwan,and draws some inspiration on this basis.The third part has conducted in-depth research on the criteria for reviewing invalid judgments.First of all,the meaning of the review criteria in the actual law is defined,in order to correct the mistakes in the understanding of the legal provisions in practice,and enter the field of validating invalid judgments.Secondly,the author collected 186 judgment documents that confirmed invalid judgments after the implementation of the Administrative Litigation Law.From the perspective of judicial practice of reviewing standards,the author applied to the application of the examination standards in practice.Finally,the author makes a brief analysis of the judicial application of the review criteria,with a view to correcting the referee fallacy in judicial practice,and will recognize the judicial referee experience worthy of reference.The fourth part mainly discusses the countermeasures to improve China's confirmation of invalid judgment.The enumeration of the application of the invalidation judgment in China's actual law cannot cover complicated practice.Therefore,the author suggests further refinement of the invalidity of administrative actions.At the same time,it is recommended that China construct a special procedure to confirm invalid litigation...