On The Judicial Review Of The Illegal Inheritance Of Multi-stage Administrative Behavior

With the increasing complexity of social demands,the mode of administrative behavior is coming incrementally complex.In administrative practice,there is not only a single mode of administrative behavior,but also a multi-stage mode of administrative behavior.The so-called multi-stage administrative act refers to the administrative act that needs one or more administrative organs,multi-stage and multi-procedure to complete jointly,and has the common purpose and relationship with the administrative act that finally produced legal effects.In the multi-stage administrative act,the administrative act that finally produces legal effects to the outside world is called post-administrative act,and all the prior acts relative to it is collectively closed pre-administrative act.If there is a certain correlation between the first administrative act and the second administrative act,and the first administrative act is illegal and the first administrative act has not been revoked through legal procedures,there is an illegal inheritance problem between the second administrative act and the first administrative The problem of illegal inheritance of multi-stage administrative act reference to which the legal of the first administrative act can be examined and the second administrative act can be described and the second administrative act can be described in accordance to its judicial results when the judicial organ products judicial review against the second administrative act.The research on such problems in the field of administrative law is not centralized enough,and the traditional judicial review mode is not fully applicable,which leads to the phenomenon of "different judgments in the same case" in such cases.Before,it is of practical significance to study deeply the illegal inheritance of multi-stage administrative acts.There is a value conflict between the illegal inheritance of multi-stage administrative behavior and the stability of law and the public force of administrative behavior in theory.In the aspect of system,there are problems of narrow scope of accepting cases and limitation system.In the judicial aspect,there are problems of inconsistent review methods,unclear review depth and inconsistent review standards.In view of the above problems,it balances the relationship between illegal inheritance and the stability and public force of law in theory and clarifies the theory of illegal inheritance in legislation.In the aspect of system,expand the scope of accepting cases of administrative litigation and expand the scope of examination of administrative litigation cases;In the judicial aspect,we should standardize the examination methods,clarify the examination depth and determine the examination standards.The above measures can make the judicial review of illegal inheritance of multi-stage administrative acts more refined and better protect the legitimate rights and interests of administrative counterparts.