Research On The Judicial Review Of Foregoing Administrative Action Of Multi-Stage Administrative Procedure

Administrative modernization makes administrative affairs more and more comprehensive and professional.Achieving the purpose of administrative activities often requires multiple agencies to participate in different degrees and in different ways.Multi-stage administrative procedures have thus arisen and developed.Several administrative actions in a multi-stage administrative procedures are made by each administrative agency independently exercising its functions and powers,but they are related to each other,and this type of related relationship appears in many forms.The status of the antecedent act in the multi-stage administrative procedure and the impact it will have on the subsequent act determine whether it is subject to legality review and the degree of review in administrative litigation.The practice pattern of the antecedent status differs greatly depending on whether it has a statutory basis.If the statute law explicitly requires that effective follow-up actions be made on the premise of effective prior actions,it goes without saying that prior actions naturally have binding force on subsequent actions.While the antecedent acts without the foundation of the law,their specific restraints on the follow-up actions are different according to the different influences of the effectiveness of the constituent elements on different types of administrative actions.Multi-stage administrative procedures are playing an increasingly important role in modern administration,and the administrative disputes arising therefrom have also become issues that must be faced directly.In a multi-stage administrative procedure,the administrative action at the end of the stage of the judicial review that has actually entered judicial review must have a negligible correlation with the antecedent action in the same administrative procedure,which also raises the question of how to review the antecedent action.Regarding the judicial review of the advance action of multi-stage administrative procedures,on the one hand,it encounters explicit and direct problems such as lack of legal basis and difficult application principles;in fact,it must also break through the hidden and fundamental dilemma of legal theory and value judgment.The mode of passive justice and passive justice makes it difficult for the court to make breakthroughs in the face of multi-stage administrative procedure dispute resolution,and to measure the public and personal interests of specific cases.It is even more difficult to make a decision on law stability and fairness and justice.For courts,a safer and more stable decision is obviously passive justice,giving priority to the public interest,and maintaining law stability.However,if the court stays in a "comfort zone" forever,then the judicial review of the multi-stage administrative procedures will be difficult to completely resolve.Therefore,when it is difficult to resolve administrative disputes in an instant snapshot of traditional administrative behavior theory,the perspective should be changed and the issue of judicial review of multi-stage administrative procedure should be examined from the perspective of a broader administrative procedures.By constructing a revision perspective based on the perspective of the administrative procedures,emphasizing active judicial review,restructuring the applicable logic of the theory,innovating the application model of principles,and exploring specific review models that are more conducive to actual administrative dispute resolution.The scope of the review should be clear,screening of the antecedent actions related to the administrative action being sued and determining its contestability;clarifying the parties involved in the action,and identifying the antecedent action organ as a third party in the lawsuit;The reviewstandard,from the perspective of affirming illegality inheritance,conducts a substantive review of the legality of the antecedent behavior of the multi-stage administrative procedure.In addition,when the current legal rules are not clear,if the interest measurement can be more inclined to protect the legitimate rights and interests of counterparties,balance the relationship between administrative agencies and counterparties,and maximize the protection of legitimate rights and interests,it can also guarantee cases.The degree of substantive review is based on whether there is a clear statutory review basis,and it is divided into a review of revocable violations and a review of significant apparent violations.The effect of illegality inheritance is determined according to the specific restraint relationship of the administrative action in the case.