Study On The Application Of Invalid Judgment In Administrative Litigation

In 2001,the Administrative Procedure Law added the new judgment form of confirming invalid judgment.Since then,confirming invalid judgment,confirming illegal judgment and revoking judgment together constitute several main judgment forms in the administrative procedure law.The emergence of this new type of judgment is of great significance to the judgment system of the whole administrative procedure law,and plays a positive role in the system of "leading one to move the whole body".Based on its unique value in the whole administrative procedure law,in 2014,in order to make this new form of judgment fully adapt to the needs and development of social practice,Article 75 of the administrative procedure law further stipulates and improves the applicable standards for the determination of invalid judgments.Although the administrative procedure law constantly improves the system of confirming invalid judgment,it still can't cover the outstanding problems in practice.The more prominent problems are mainly reflected in the different understanding of the applicable standards of confirming invalid judgment in administrative procedure law,the unclear recognition of the time limit of confirming invalid judgment in Administrative Procedure Law,the nature of the judgment forms such as confirming illegal and revoking judgment There are differences in qualitative understanding and misunderstandings in the transformation of several major forms of judgment.Starting from the existence value of confirming invalid judgment in administrative litigation,these outstanding problems in judicial practice need to be solved urgently,which has been controversial in academic circles.Based on the analysis of typical cases,this paper hopes to clarify the problems in practice,and on the basis of fully absorbing other excellent documents,to put forward reasonable suggestions for the perfection of the judgment form in practice from the legislative level of applicable standards.First of all,due to the vague applicable standards,there are different understandings on the applicable standards of the invalid judgment of administrative litigation confirmation in practice.The author analyzes and interprets the combination of legal provisions and actual cases,and puts forward his own opinions and suggestions on how to further clarify the applicable standards for the confirmation of invalid judgment in administrative litigation from the legislative level.Secondly,the time limit of prosecution and the qualification of the plaintiff for the application of the invalid judgment of administrative litigation confirmation.Based on the analysis of the relevant systems in Germany,Japan and Taiwan,combined with the actual cases and administrative procedure law,the author set up the original intention of confirming the invalid judgment,and from the perspective of judicial resource allocation and the protection of the legitimate rights and interests of citizens.Put forward suggestions and improvement programs suitable for China's social and economic development.Finally,in view of the most frequent "judgment form transformation" problem in practice.The author interprets and analyzes three kinds of judgment forms,which are the cancellation judgment of administrative litigation,the confirmation of illegal judgment and the confirmation of invalid judgment.After clarifying the differences and connections among the three,how to realize the reasonable transformation between several main judgment forms in the administrative procedure law flexibly and rigorously under the principle of"consistent litigation and judgment" and the premise of not violating the starting of the litigation procedure of administrative confirmation of invalidity in practice.Put forward some suggestions to solve the principle of "consistent litigation and judgment".