Study Of The Application Of The Judgment Of Confirming The Invalidity Of Administrative Act

Judgment of confirming the invalidity of administrative act is a negative evaluation made by the court about the validity of the accused administrative act.Confirmation invalid judgment is the result of collision between legal stability and substantive justice.It is conducive to protect the legitimate rights and interests of the relative person,and also reflect the function of administrative litigation to supervision of administrative organs.Judicial interpretation of 2000 is the first time to stipulate confirmation invalid judgment,but confirmation invalid judgment and confirmation illegal judgment are in the same legal provision,and there is no provision about the applicable conditions of confirmation invalid judgment.The new Administrative Procedure Law,implemented in 2015,makes the confirmation invalid judgment a statutory decision.It clearly specifies the applicable standard of “significant and obvious violation”,which greatly promotes the application of the confirmation invalid judgment in practice.In depth interpretation of the seventy-fifth article of Administrative Procedure Law,We can find the procedure that it needs plaintiff to bring a suit for confirming the invalidity of administrative act is controversial.The text of law requires that it must need confirmed invalid application by the plaintiff.But the new judicial interpretation allows the plaintiff to take the revocation of the administrative act as his appeal.Secondly,the shown situation in the article of law is not rigorous:What does“have non administrative subject qualification” means? What is the difference between it and “beyond the power”? What does “no basis” means? Where is the degree of “significant and obvious violation” ? These all need further refinement of theory and practice.In judicial practice,the court has also been trying to apply the confirmation invalid judgment.With the implementation of new Administrative Procedure Law,invalid judgment sprang up,and the number of cases which are related to invalid administrative act increased.Although many kinds of administrative acts are also involved in the cases,it is mainly based on administrative confirmation and administrative contract.The invalid judgment also has more or less problems when it is actively applied.There is no special provisions on the issue of the limitation of the time limit for the confirm administrative act invalid lawsuit.The understanding between confirmation invalid judgment and revocation judgment and the standard of“significant and obvious violation” are not clear which make the common cases with different decisions.The reason why there are above probles in the judicial practice is that we has no correct understanding of the relationship between the invalid judgment and other judgments.The invalid judgment and the revocation judgment are juxtaposition on the whole,but the invalid judgment is also in a supplementary position.As a confirmation invalid judgment,the premise is that the admininstrative act should have been establish;the applicable object is that the accused administrative act is significant and obvious illegal.This means that the accused administrative act is serious in terms of the degree of illegality and it is obvious in terms of the illegal form to a sensible man.Confirmation invalid judgment as a new judgment,should seek to explain the space on the basis of existing legal norms,to enhance the operability of the judgment,to make the judgment system more perfect,so that invalid judgment can be correctly used in judicial practice to reveal the function.First of all,we should outline the applicable object of invalid judgment,clarify the connotation an scope of the two cases listed in the Administrative Procedure Law,and refine the situation of“significant and obvious violations” based on the objective practice of judicialpractice.Secondly,we should establish rules in three aspects: time limit for prosecution,burden of proof and judgment transformation.Finally,a set of relative comprehensive judgment ideas are formed on the basis of the judgment of fact,legality and validity.