Perfection Of The Criteria For Judging Invalid Administrative Actions

If Since the Administrative Procedure Law has established a dualistic pattern of invalidation of administrative acts and reversible administrative acts,a system should be constructed that can demonstrate the value of confirming invalid judgments.Invalid administrative behavior is the result of the balance between substantive justice and the stability of law,and it is difficult to derive from the logical interpretation of legal norms.In2014,the "Administrative Procedure Law" added the type of judgment confirming the invalidity of administrative acts.In addition to improving the theoretical system of administrative law,the more important role is to make up for the incompleteness of the right to remedy the revocation judgment.Although Article 75 of the Administrative Procedure Law establishes the criteria for confirming invalidity,after nearly five years of judicial practice,there have been cases of different judgments in similar cases or even opposite judgments in similar cases.The fundamental reason is that the criteria are too subjective and the legislation is not elaborate,and different courts are prone to different understandings.In addition,there are no special procedures supporting the filing of invalidity complaints in my country.There are no provisions different from revocation judgments in terms of the time limit for prosecution,the qualification of the plaintiff,the burden of proof,and whether there is an effect to suspend the execution of a lawsuit confirming invalidity.This also makes the confirmation that the invalid system does not play the role it should have in the relief of rights.In order to solve the above problems,after summarizing 100 administrative judgments involving invalid administrative acts,the article summarizes the standard of judging the typical invalid situation in judicial practice as the absolute invalidity.And use law hermeneutics to find an interpretable space in the existing legal system,and refine the existing legal provisions as a relatively invalid judgment standard.At the same time,drawing on Germany,Japan and Chinese Taiwan's invalidation confirmation system,a perfect invalidation confirmation system was constructed.