On The Application Of Illegal Inheritance Of Administrative Acts In My Country's Judiciary

Administrative behavior is one of the core concepts in administrative law system,which plays an important role in the structure system and research direction of administrative behavior theory.The traditional theory of administrative law focuses on static and single administrative behavior,neglecting the subject and means in the administrative process,which leads to many phenomena that cannot be included in practice.With the increasing complexity of administrative affairs and the gradual refinement of administrative division of labor,as well as the coordinated participation of many organs,administrative behavior began to pay attention to the administrative process,and gradually towards dynamic and diversified,different administrative organs to take phased joint handling or the handling of some of the matters to other organs has become common phenomenon.Therefore,the review model should be distinguished from the previous special treatment.However,by the current administrative litigation law of our country on the conditions of prosecution and the statute of limitations,as well as the legislation does not clearly specify the illegal inheritance of administrative acts,the administrative relative in the case of the first act indisputable,but also can not advocate in the withdrawal proceedings against the follow-up act to review the legality of the first act,the rights of the opposite person is difficult to be effectively maintained.Nowadays,under the social atmosphere of the strong pursuit of individual justice,the demands of citizens,legal persons or other organizations for judicial relief are increasing day by day,and the "illegal truncation of administrative acts" under the traditional theory of public power can not fully meet the needs of certain special cases,and the illegal inheritance of administrative acts has come into being.It is devoted to finding a balance between the legal stability needs of safeguarding the relative's rights relief and the advance act,and plays an important role in the relief of the parties whose rights have been infringed in the first act.This paper mainly uses literature research method,case analysis method and comparative research method to study the illegal inheritance of administrative acts.The first chapter introduces the different understandings of the concept of administrative illegal inheritance and summarizes the uniqueness of illegal inheritance,and then combs through the rise and development of illegal inheritance of administrative act in Germany and Japan,then leads to the involvement of illegal inheritance in the administrative law of our country.The second chapter,enumerating and summarizing the different explorations of admitting or denying the illegal inheritance of administrative acts in the trial practice of our country,the cases of denying illegal inheritance in practice judgment are mostly,but there is no shortage of "Shen Xixian case"," Leng La Company" and other judgments recognizing illegal inheritance appear.Through the differences between the decisions of different courts,we summarize the considerations of the illegal truncation of administrative acts in practice: the requirements of procedural economy,respect for the publicity of administrative acts and respect for the decision-making power of administrative organs,but at the same time,there are some disadvantages: the cost of litigation increases,or conflicts with substantive justice.The third chapter analyzes the relationship between the application of illegality inheritance and certain academic principles,and holds that the scientific factors do not hinder the recognition of illegal inheritance,which shows the applicability and feasibility of illegal inheritance.Through some judicial cases introduced earlier,the enlightenment of illegal inheritance is summarized.The fourth chapter,through the previous analysis and discussion of the paving,put forward the application of illegal inheritance of several ideas,from the applicable conditions and review procedures two aspects of the proposal: think that in the two administrative acts with a sexual relationship,the degree of illegality of the first act has a significant impact on the follow-up behavior and can not be argued for,the administrative relative can claim the first act in the subsequent action of withdrawal of the law.The review model should adopt a substantive review model,but the intensity of the review could be weaker than that of the review of subsequent conduct.From these two aspects to come up with feasible proposals,with a view to better safeguarding the legitimate rights and interests of administrative relatives.