Research On The Judicial Application Of The Inheritance Theory Of Illegality Of Administrative Act

The progress of modern public administration has prompted the administrative subject to show a trend of diversification,which has led to the emergence of a large number of new types of administrative litigation cases with inherent correlation between administrative acts in judicial practice.However,from the perspective of traditional administrative law based on the theory of behavior publicity,the mode of judicial review of administrative acts from the perspective of static and solidification has gradually been unable to meet the development requirements of modern administrative system.As a subsidiary product of the transition from traditional single behavior paradigm to modern administrative process,the theory of inheritance of illegality of administrative behavior aims to solve the problem of whether the illegality of advance behavior can continue to the subsequent behavior under the multi-stage administrative behavior characterized by diversification,dynamic and synergy,which leads to the illegality of subsequent behavior.Although the theory of illegal inheritance has not yet formed a general theory in China ’s administrative theory and practice,it is widely used in judicial practice to solve complex cases in reality.Since our country has not yet established a standardized judicial application mechanism of illegal inheritance theory,the positions and motivations of judicial organs at all levels in the face of complex case facts are often very different.However,it is undeniable that according to the existing administrative litigation system and the existing judicial rules,the theory of illegal inheritance has a considerable degree of living space in China ’s administrative trial,which is of great significance to optimize the judicial adjudication path and realize the substantive justice of the case.Starting from administrative litigation cases,this paper studies the application of the theory of illegal inheritance of administrative acts in China with two aspects.First of all,for the theoretical level,a brief introduction to the formation of the theory of illegal inheritance and respectively from the entity level and the level of procedural safeguards exception applicable to the theory of illegal inheritance;secondly,on the level of judicial practice,by retrieving the previous cases of multi-stage administrative acts in Chinese courts,this paper shows the different views on the illegal association of successive administrative acts in China ’s administrative judicial practice,so as to highlight the problems of inconsistent judgment benchmarks,unclear referee time points and confusion in the application of judicial review mode in the process of hearing such cases.Finally,after combining the theory of illegal inheritance with China ’ s specific judicial practice and breaking the main obstacles in China ’ s judicial application,it is proposed that China ’ s judicial treatment of illegal inheritance should follow the application mode with the principle of illegal truncation and the exception of illegal inheritance,and put forward targeted suggestions on the application conditions and judgment benchmarks,so as to better realize the substantive resolution of case disputes.