Research On The Judicial Review Of Related Administrative Action

The concept of related administrative actions arises from the process of interfering with the transition from administrative to welfare administration,and is used to explain and clarify the legal phenomena arising from the complex administrative activities in stages.According to the different connections between the preceding behavior and the follow-up behavior,they can be divided into two types,namely,multi-stage administrative behavior and multi-stage administrative procedures.In the related administrative actions,the first and second acts are related to each other.The whole process of administrative activities consists of several administative procedure involving the participation of several administrative agencies.In the face of this relatively complex administrative activity,a series of problems will arise between the legal effect of the first act and the judicial review of the follow-up behavior,which needs further discussion.In 2009,the Supreme Law promulgated and implemented the“Regulations on Several Issues Concerning the Trial of Administrative Licensing Cases”,among which there are contents related to the judicial review system for related administrative actions.However,there are still many disputes and confusions in the system,and the traditional administrative law theory and some current legal systems cannot respond to them one by one.Legislation always lags behind the development of social practice.Judicial practice has different approaches in the choice of mode of judicial review of related administrative actions.Some adopt the method of handling separate cases,and some have adopted the method of trial together.Among them,there are three modes of examination: evidence review,formal review and substantive review.In addition to the non-uniform review mode,there are still many difficulties in the specific judicial review process.In the judicial review of multi-stage administrative actions,there is a problem that the admissibility criteria of the first-line behavior are unclear and the review criteria are too principled.In the judicial review of multi-stage administrative procedures,there is a problem that the statute of limitations system is difficult to guarantee the related rights of the relatives and the affirmative evaluation of the litigation system for illegal inheritance.Whether based on the consideration of rich administrative law theory or in order to meet the needs of judicial practice,improving the judicial review system of related administrative actions is of great significance to the construction and development of China's administrative legal system.Through the in-depth analysis of the traditional administrative action determination theory,this paper further introduces the discussion on the illegal inheritance of administrative behavior,and analyzes the relationship between the law of stability and substantive justice and then draws the progress of the related administrative judicial review.First,a substantive joint review model should be established,including establishing a joint review model and selecting a method for substantive review;Secondly,in order to solve the judicial review of multi-stage administrative behavior,it is necessary to clarify the criteria for judging whether the advanced behavior is suable,including external effectiveness standards,behavioral effect standards,and maturity standards,it is also necessary to refine the obvious violation criteria for the first-line behavior,and to clarify the specific circumstances that constitute obvious violations;Finally,in the case of judicial review of multi-stage administrative procedures,the maintenance of rights and expenditures beyond the statute of limitations in cases should be strengthened,especially those involving administrative counterparts' real estate or other large assets,which may have serious social risks.In addition,the limitedapplication of illegal inheritance of administrative actions should be affirmed in order to achieve the unification of justice and efficiency in the process of administrative litigation.