Judicial Review Of Related Administrative Actions

The traditional administrative behavior system was created by Otto Meyer and relied too much on administrative actions as the final result of the administrative process,ignoring the cooperative relationship between successive forms of behavior.After advancing into the 20 th century,the administrative jurisprudence of the rule of law in the rule of law in the liberal rule of law did not notice that at the end of the 19 th century,the administrative reality had changed and changed-with the increasing complexity and professionalism of administrative affairs Sexual characteristics,various administrative actions are often combined and used continuously to form a dynamic process as a whole.Therefore,this static form of administrative behavior must be reviewed and revised.Although this article does not attempt to make a systematic revision of the traditional administrative behavior theory,it only hopes to correct the gaps in the past theory through the discussion of the related administrative behavior and the illegal inheritance theory.At the same time,it can help promote the continuous improvement of social public welfare.This paper is divided into four parts: the judicial application of the related administrative behavior and the illegal inheritance theory,which is based on the discussion of the elements of the administrative behavior,the choice of the model for the judicial context of China,the judicial application dilemma of the illegal inheritance,and the reconstruction model.Problem research:In the introduction part,the research value of the related administrative behavior and the illegal inheritance theory is first explained.Then it summarizes the current basic positioning and judicial application mode of related behaviors at home and abroad.Finally,the specific ideas and methods for demonstrating the proposition are explained.The first part is related to the interpretation of administrative actions.The certification standards for "relevance" are different,and they are always inconsistent.Therefore,it is urgent to trace the source of the original,to trace the theoretical source,to examine the different dimensions of the past doctrine,so as to clarify the conceptual meaning of the related administrative actions involved in this article.The second part,the theory of illegal inheritance-a mode choice for the judicial reality of our country.When it comes to the related administrative behaviors under the administrative law field in China,the concept generation always reflects the shadow of extraterritorial experience,either implicitly or explicitly,and is often seen in the actual trial of individual cases.However,ignoring the historical limitations of each specific principle in the extraterritorial law model,and introducing it in a general way,and arbitrarily “connecting with it”,it does not rule out the possibility of “striking for the sword”.Nanbei Beibei,Yetu is similar,and its taste is different.Therefore,the evaluation of the external system is always based on the actual coupling degree between its theoretical model and China's judicial context,that is,the degree of practice.In this respect,it is quite interesting to use the theory of illegal inheritance in Japanese administrative law.Whether it is from the perspective of legislative structure or past trials,this theory has clearly found its growth in the judicial context of our country.Realistic soil.The third part is the judicial orientation of illegal inheritance-the trial position,rationale and predicament under the conflict of multiple values.Can the illegality between the associated administrative act and the accused administrative act be passed? Through the theory of argumentation of different judgments,the internal arguments of different courts in different positions on the illegal inheritance of administrative acts are presented.Under this premise,through the use of the court's theoretical logic in relevant cases,the value conflicts and theoretical controversies hidden behind different theories are analyzed.And trying to reveal the practical obstacles of the illegal inheritance theory entering judicial review from the perspective of judicial review technology and administrative litigation structure.The fourth part is the reconstruction of the judicial application of the law of illegal inheritance.One of the basic signs of modern rule of law in judicial review.Through the observation of past judicial decisions,the judicial review of the theory of illegal inheritance has been tried and broken,but at the same time there are problems in the institutional arrangements.Based on the theory of illegal inheritance,which has both the substantive law and the dual character of the remedy law,it also presents a dual response mode in which both the actual law and the procedural law are equal in the judicial process.On the one hand,at the level of the rule of law,the expressions and logical relationships of the "association relations" in the current legal norms can help to clarify the ideas and steps of illegal inheritance under different types of administrative behaviors.On the other hand,the judicial application rules of illegal inheritance are especially focused on the technical structure of the procedural law: on the issue of judicial review access,the judgment criteria of the procedural law are clarified,and the court is encouraged to initiate the litigation of subsequent administrative actions.In the substantive examination of the pre-existing behavior;and,in the judicial review,when selecting the referee's benchmark for illegal inheritance,it strives to co-ordinate the inherent boundary between the protection of the rights of the parties and the separation of powers.In addition,it is still necessary to bridge the logical gap between the current litigation system and illegal inheritance,and overcome the functional deficits and practical obstacles stemming from the litigation structure.