Study On The Criteria For Determining The Invalidity Of Administrative Actions

The standard of identification of invalid administrative actions is an important issue of both theoretical and practical significance in administrative law and lawsuit law.How to determine the invalidity of administrative behavior in the case of existing legal norms is the key to the study of administrative Iaw,and it is also the difficulty in judging the invalid judgment of judicial application.lmproving the invalidation standard of administrative behavior in China has become an urgent problem to be solved in the theoretical,legislative and judicial practice.Distinguishing between the invalidation and revocation of administrative actions is the key to studying the standard.Article 75 of the 2014 Act of the Lawsuit explicitly recognizes invalidity as an independent litigation type and introduces "significant and obvious" standards;the highest court in 2018 The Judicial Interpretation of the Law of the People's Republic of China made specific refinement of the standards;the courts at all levels actively applied,but there were problems such as different standards for invalidation and revocation,confusion in the fonn of judgment,lack of rigor and legitimacy.The reason is not related to the academic circles' views on the standard,and the current legislation still lacks clear and specific invalid identification standards.Therefore,the establishment of a strict,unified and complete administrative behavior invalidation standard is the only way to confirm the future development of invalidity.The research content of the criteria for determining the invalidity of administrative actions is the invalidity of specific administrative actions.It is mainly divided into three levels:the existing theoretical contention level,the current legislative level,and the judicial practice level.First,the existing theoretical level sorts out the main viewpoints and standards for the invalidation of administrative actions at home and abroad,analyzes the status quo and remaining problems of the country's research,and sorts out the existing theoretical identification problems in China.Second,from the current effective legal norms,it analyzes the current considerations of the "obvious and significant,standards of the legislative departments in China and some problems that arise.Thirdly,from the case trial practice level analysis to confirm the application status of the invalid judgment,the highest court and provincial high court from the China Judgment Document Network(2015-2018)and other typical cases of invalidation judgments are taken as research objects.The analysis and argumentation of the group case proposes an "obvious and significant" standard of identification that is different from the "significant and obvious" standard stipulated by the existing law.The "obvious" of the "obvious and significant" standard is the level of awareness of the average person.The tendency to apply differently and to different subjects is different."Significant" means that the basic principle of violation of the Iaw has been serious and cannot be maintained.The extent of its legal effect.The criteria for the identification consider the legal form factors such as legal citations and procedures,as well as legal substantive factors such as public interest,practical feasibility,and ethical justification.When the court determines whether the administrative act 1s invalid,it follows a logical and comprehensive judgment step:first,"obvious" and "significant" are the principle criteria.(1)If the“obvious,conditions such as non-subject qualification,no law and factual basis,and serious violation of statutory key procedures are met,it can be directly considered invalid,and no "significant" judgment is required.(2)If the appearance is in compliance with the legal requirements,if the "obvious,degree is not reached,the "significant" limit needs to be reviewed.Second,further review of secondary standards including substantive,procedural,substantive and ethical.Thirdly,the third-level standard is applied when solving the various cases in the secondary standard category.For example,whether a substantive entity with administrative qualifications has jurisdiction,and the subdivision of jurisdiction is defined.