Research On The Identification Of Invalid Administrative Act

Administrative act is a unilateral administrative power act that the state administrative organ exercises administrative power according to law and makes relevant rights and obligations to specific people or organizations on specific matters.Generally,the effectiveness of administrative act determines the life of administrative act.At present,there are three effective states of administrative acts in China,including "effective administrative act,invalid administrative act and revocable administrative act".Among them,"invalid administrative act" is a kind of effective state recognized only in the newly revised administrative procedure law in 2015,which refers to the administrative act that has been made,The general name of administrative acts that cannot have legal effect due to the lack of constituent elements for the formation of effective administrative acts due to major and obvious violations or major legal defects.In terms of the significance of the construction of the system of "invalid administrative act",it can not only effectively prevent the abuse and misuse of administrative power by administrative organs,but also effectively protect the legitimate rights and interests of administrative counterparts from being infringed,so it has very important practical significance.At the same time,due to the transformation of the main social contradictions in China,the public’s longing for a better life is more urgent,so it is more necessary to formulate good laws to protect their own rights and interests.The construction of "invalid administrative act" system can not only better protect the legitimate rights and interests of the public,but also effectively promote the ability of administrative organs to administer according to law,so it has received a positive response from the society.However,due to the fact that the research on invalid administrative act in China started later than that in European and American developed countries,there are still some problems to be solved in the construction of "invalid administrative act" system,the most typical one is the identification standard of "invalid administrative act".Because of the fuzziness and coarseness of the identification standard of "invalid administrative act",the operability in judicial practice is still insufficient.Therefore,it is necessary to conduct in-depth research in combination with the existing identification standard of "invalid administrative act".Therefore,this paper mainly explores the identification standard of "invalid administrative act" through the following four chapters:The first chapter mainly analyzes the function of "invalid administrative action" on the basis of determining the concept of "invalid administrative action",and at the same time makes an appropriate distinction between "invalid administrative action" and "revocable administrative action".point.The core of the second chapter is the problems existing in the determination of invalid administrative acts in our country.This chapter makes an in-depth analysis of the relevant content of my country’s "Administrative Litigation Law" from the dimensions of identification subject,identification content and identification procedure.The third chapter is mainly about in-depth analysis of the standards and practice of invalid administrative acts within and outside the territory,starting from civil law countries,further analysis and research on the identification of invalid administrative acts in typical civil law countries,and then combined with my country’s specific national conditions to explain the extraterritorial The study on the identification of invalid administrative acts can be used as a reference for our country.The fourth chapter is based on the in-depth analysis of the content of the previous three chapters,and analyzes the perfect path for the identification standard of invalid administrative behavior from the aspects of identification subject,content and procedure.