A Study On The Classification Of Major And Obvious Illegal Situations In The Determination Of Invalid Administrative Acts

In March 2000,the Supreme People 's Court issued a new judgment method for confirming invalid judgments for the first time in the interpretation of several issues concerning the implementation of the Administrative Procedure Law of the People 's Republic of China.This is the first exploration and attempt to confirm invalid judgments.In addition,courts across China have also taken steps to explore the confirmation of invalid judgments in judicial practice.However,due to the unclear provisions of the judicial interpretation on the criteria for determining invalid administrative acts,there have been few confirmations of invalid judgments in judicial practice.Article 75 of the new Administrative Procedure Law,implemented in May 2015,formally established a judgment method for confirming invalid judgments,and introduced a judgment criterion of “significant and obvious violation of the law”,enumerating administrative actions “the subject of implementation does not have an administrative subject Legally invalid cases such as "qualification" and "no basis".It further promotes the judicial application of confirmation of invalid judgments.However,the regulations have not clearly defined the criteria for determining invalid administrative acts.The Supreme People 's Court 's interpretation of the application of the “Administrative Procedure Law of the People 's Republic of China”,which came into effect in February 2018,has made clearer provisions on the criteria of “significant and obvious violations of law” in confirming invalid judgments.However,the shortcomings and disadvantages still exist and need further improvement.In the five years since the implementation of the new law,a large number of live cases have continuously emerged in the tireless exploration of courts in various regions.Based on this background,this article discusses the concept of invalid administrative action and its theoretical basis,introduces the legal situation of invalid administrative action in China and beyond,and summarizes the requirements of invalid administrative action on this basis,and sorts out in time sequence.Confirm the development process of invalid judgments from scratch and the overall situation of judicial practice,lead to the application of major and obvious violations of the law in judicial practice,and provide perfect suggestions and recommendations for the application of significant and obvious violations of the law in judicial practice Reflection.In view of the many problems existing in the determination standards of invalid administrative acts in judicial practice,it is necessary to summarize domestic and foreign legislation and judicial practice through research,and to refine the ambiguous and broad provisions of the standards in the law,in order to clarify the vague determination of invalid administrative acts Standards can not only alleviate the court 's difficulty in judging whether the administrative action in a case is invalid,but also compress the court 's discretion and correct the application of invalid judgments in judicial practice.And to improve China's relevant legislation to enhance its practical operation,and ultimately establish an invalid administrative behavior system that meets China's national conditions.