The Application Of Illegai Inheritance Theory In The Administrative Litigation Of Urban Housing Expropriation

The theory of illegality inheritance is to solve the problem of the illegality of the first administrative act in the lawsuit of the subsequent administrative act,and then to revoke the subsequent administrative act by the illegality of the first administrative act.This theory originated from Japan's administrative law.After being totally negated and gradually recognized,it eventually formed the basic applicable rules of non-inheritance as the principle and inheritance as the exception.Japanese theorists have put forward the criteria of constitutive requirements,the effect of the same purpose and procedural safeguard,which provides a basis for when to apply the theory of illegal inheritance.This relatively new theory is not only not well known by the administrative law circles in China,but also does not involve the issue of illegal inheritance of administrative acts in legislation.Nevertheless,some judicial cases have begun to involve relevant theoretical content.However,in reality,there are differences in the application of this theory by different courts,showing different positions,which makes the application of illegal inheritance of administrative acts confusing and complex in China.As a typical multistage behavior,urban housing expropriation often uses participation and a variety of administrative means to achieve expropriation activities.Because of the complexity of multistage behavior types in urban housing expropriation,some of them are internal behavior,and some even procedural behavior.Although these actions also constitute a part of the expropriation,they have no direct legal effect on the outside world.Therefore,even if these acts are determined to be illegal,the act itself has no impact on subsequent administrative acts,so it is necessary to explore what types of multistage acts apply to the theory of illegal inheritance.In addition,the application of this theory is hindered by the scope of accepting cases and the time limit of prosecution in China's Administrative Procedure Law,so the author seeks a certain space for the application of the theory of illegal inheritance in the administrative litigation of urban housing expropriation through the application of the theory of illegal inheritance.Because there are many differences in the legal system between China and Japan,we should adapt our current legal system and theory in the process of learning from them.Among them,the theoretical basis,applicable scope and conditions of illegal inheritance should be adjusted accordingly.On the basis of studying the achievements of domestic scholars,this paper carefully introduces Japan's mature theoretical accumulation.From the perspective of theory and judicial practice provided by Chinese academia,this paper makes rational judgments which are helpful to solve practical problems,and makes an analysis of the advantages and disadvantages of these judgments,so as to provide solutions for dealing with the effectiveness of multistage administrative acts in China...