Research On Several Issues Of Judicial Review Of Invalid Administrative Acts

One of the outstanding contributions of the administrative procedure law revised in 2015 to China's administrative litigation legislation is to formally establish the legal status of the administrative action confirmation invalid judgment in the form of legal provisions.The implementation of the "Applicable Interpretation" in 2018 provides a practical basis for judicial discretion at the legislative level to solve the problems such as how to determine invalid administrative actions and the interface between the plaintiff's claim and the way of adjudication.However,the legal provisions can not fully meet the needs of judicial practice on how to determine invalid administrative acts,and there is no institutional arrangement in the special circumstances of the prosecution period and the invalid administrative agreement.How to understand the revised Administrative procedure law and the relevant provisions on invalid administrative acts in the "Applicable Interpretation" and how to determine the standards of judicial review are doubts and difficulties in administrative trials.This article holds that the decision to confirm the invalidity of administrative acts is a means of public remedy for citizens to remove the negative effects of administrative acts that do not have legal effect from the beginning,and it is necessary to confirm that the invalid administrative judgment has the value and necessity that exists independently of other modes of adjudication.To determine whether an administrative act is a major and obvious violation of the law,we can consider whether the subject of the act has the qualifications of the administrative subject and whether the act has a legal basis,and pay attention to the difference between administrative acts and administrative acts that are not established and administrative acts that are generally illegal.The corresponding way of judging.From the point of view that the defects are significant and obvious,it is necessary to refine the criteria for judicial recognition of invalid administrative acts.The internal or dispatched organization shall make administrative acts in its own name invalid;The entrusted organization that has not accepted the entrustment or has performed administrative acts beyond the scope of the entrustment is of course invalid because it does not belong to the administrative subject in the sense of administrative law;Even if they have the qualifications of administrative subjects,the administrative organs of administrative organs are overstepping their powers horizontally,vertically,or their actions exceed their powers,and their actions are also invalid."There is no legal normative basis" excludes the situation in the sense of procedural law.It should mean that there are no laws,regulations,and regulations,or even no normative documents,or although there are normative documents.However,the normative behavior document directly and obviously contradicts the superior law and is considered as no evidence.A serious violation of the procedural modalities,sequence,and steps prescribed by law can also constitute a ground for invalidating the act if it has a fundamental impact on the entity's decision.Although the management community claims that invalid administrative acts are not limited by the general period of prosecution,this will bring about a greater possibility for the abuse of invalid administrative acts to break through the period of prosecution,and therefore should still follow the relevant provisions of the Administrative Procedure Law and the applicable interpretation of the supporting provisions on the period of prosecution.(a)The request for confirmation of an administrative act committed before 1 May 2015 is invalid and the Court shall not consider it admissible;If the party concerned makes an application for invalidation of an act made after May 1,2015,and after examination by the judicial organ,it considers that there is no major and obvious flaw in the general violation of the law.It still needs to be limited by the time limit of administrative procedure law.As a special case of invalid administrative act,invalid administrative agreement needs to be examined in terms of legality and effectiveness.The general criteria for determining the invalidity of an administrative act in an administrative agreement shall be the general criteria for determining the invalidity of an administrative act,and the terms of reference,procedure and content of the administrative act shall be examined in accordance with the criteria for examining the legality of the administrative act as prescribed by the administrative law and the procedural law.Preference shall be given to the application of the norms of administrative law and the provisions of administrative procedure law.It is necessary to comprehensively measure the value and apply the civil law,and make a careful determination of the validity of the administrative agreement itself,according to whether the administrative agency and the relative person's relevant expression of meaning reflected in the consensual characteristics of the administrative agreement is true and valid.It is clear that civil legal norms can only be applied if they do not conflict with the mandatory provisions of administrative legal norms.In addition,if an administrative act in an administrative agreement is sued,it may be treated according to the applicable standards of the aforementioned general administrative act;Where a request is made for confirmation that the agreement is invalid,the time limit for prosecution shall not be limited.