On The Judicial Review Rules Of Related Administrative Acts In China

practice,the decision-making of an administrative decision is often completed by the participation of multiple departments.Multiple administrative organs make the final administrative act with their own advantages of different specialties,and the concept of related administrative act is born.When the whole process of the final administrative act is composed of a series of successive and effective administrative acts,how the court reviews the related administrative acts becomes a problem worthy of discussion.The judicial review of related administrative act refers to how the court should review the specific administrative act sued when it is based on another administrative act,and the review of the administrative act is related to the legality of the administrative act sued,and the act itself is not the subject of litigation.According to the current judicial system of our country,the court mainly focuses on the legality of the sued administrative act and ignores the concern for the related administrative act.In many cases,the illegality of the sued administrative act may not be reflected in the administrative act,but may be reflected in the related administrative act,so it is necessary for us to build a series of judicial trials of the related administrative act The rules of investigation allow the court to review the legality of the related administrative act when hearing the sued administrative act.In the theoretical system of administrative act,the related act should belong to the stage administrative act,which includes the multi-stage administrative act and the multi-stage administrative procedure.The problems of different related administrative act are slightly different.The classification of related administrative act is helpful for the subsequent construction of specific judicial review rules.The dynamic and pluralistic related administrative act is different from the static unit administrative act in the traditional sense,and the judicial review of the related administrative act on this basis is also different from the judicial review of the general administrative act.Our country belongs to the civil law system.The traditional theory of administrative act is highly praised.The judicial review related to administrative act conflicts with the traditional theory of administrative act effectiveness.Moreover,the current judicial review system of our country is built around the specific administrative act.The theoretical deficiencies also affect the application of related administrative acts to a certain extent.Therefore,only when we question the traditional theory of the effectiveness of administrative act,and try to put forward a series of relevant judicial review rules on the basis of the theory of administrative process and the theory of illegal inheritance,can we make the related administrative act better applicable in our country.Under the background of lacking theoretical guidance,some courts in China have gradually begun to explore the way.This paper mainly expounds the judicial review in "related administrative act" through theoretical analysis and case study,and tries to put forward a series of judicial review rules.In theory,it introduces the theory of administrative process and the theory of illegal inheritance.In practice,it mainly includes clarifying the litigability of related administrative act,applying the method of comprehensive review,and adopting the method of substantive review.In the case study,the author tries to put forward a series of judicial review rules Strengthen the protection of rights and interests beyond the limitation of action.