Research On Judicial Review Of Multi-stage Administrative Act

The judicial review of administrative act is an important theoretical issue in the framework of administrative law system of civil law system,which has always been in the core position in the research field of administrative act law and administrative procedure law in various countries.Taking a comprehensive view of the development and changes of the theory and practice of administrative law in Germany,Japan,France and Chinese Taiwan,we can see that the theoretical elaboration,procedure setting and case system of judicial review of administrative act are very rich,and a series of normative systems established by them are becoming more and more refined.Especially in recent years,the theoretical research and practical exploration of multi-stage judicial review of administrative acts have attracted more and more attention of administrative law scholars in Chinese mainland.This "new normal" problem deeply reflects the internal contradiction between the rapid expansion of public administration and the traditional doctrines of administrative law.However,scholars at home and abroad have different opinions on the overall appearance of the multi-stage judicial review of administrative acts,the basis of adjudication and the construction of the system.In contrast,the cognitive attitude and review logic of multi-stage administrative behavior in China’s administrative management and administrative litigation practice show obvious differences,and lack of necessary basic theory and litigation mechanism to deal with effectively.Therefore,China’s administrative law needs to focus on the reality inspection,basic connotation,theoretical investigation,practical tension and system improvement of multi-stage judicial review of administrative acts.A comprehensive study of the above issues will help us to accurately grasp the root causes of "different judgments in the same case" in the judicial review of multi-stage administrative acts from the source,rationally examine and properly solve the system problems of lax review and ineffective relief of multi-stage administrative acts,which is undoubtedly helpful to effectively supervise the legal,reasonable and effective exercise of administrative power and promote the realization of social public welfare It has important practical significance.This paper focuses on the reality inspection,basic connotation,theoretical direction,practical tension and system improvement of the multi-stage judicial review of administrative act.It is divided into six parts to systematically study the theory and practice of the multi-stage judicial review of administrative act:In the foreword,firstly,the research background and purpose of the topic of judicial review of multi-stage administrative act are elaborated to provide the most basic and indispensable literature review and argument keynote for the details of the follow-up content of this paper.Secondly,the characteristics,theoretical and practical significance of the topic of judicial review of multi-stage administrative act are analyzed and discussed to clarify the necessity of the research content of this paper Thirdly,this paper explains the research ideas and methods used in the analysis of the practice of multi-stage judicial review of administrative acts,and points out the basic path followed by the research framework of this paper.Finally,this paper puts forward the argumentation innovation of one by one comparison and in-depth investigation of the logical tension in the practice of multi-stage judicial review of administrative acts,so as to echo In this paper,the basic theory and practical operation of the circulation of vision and significance of integration.The text is divided into five chapters.The first two chapters can be summarized as "behavior based theory",which mainly examines the practice and logic of multi-stage judicial review of administrative acts in China,and strives to accurately examine the realistic overview and basic connotation of multi-stage judicial review of administrative acts from the two levels of form and content.The third and fourth chapters can be summarized as "review rationale",with the focus on the following aspects This paper discusses the basic theories involved in the practice of multi-stage administrative act in judicial review,as well as the possible practical tension between the viewpoints as the basis of review,and its influence on the reasoning and conclusion of judicial judgment.The fifth chapter can be summarized as "system enlightenment",based on the practice appearance and relevant basic theories of multi-stage administrative act judicial review This paper tries to draw the research focus back to the closely related theory and practice,so as to summarize some more intuitive and feasible improvement path.The first chapter is the reality inspection of multi-stage judicial review of administrative act.This chapter mainly focuses on the vivid practice of administrative trial and judicial cases,which can deduce that multi-stage administrative acts often appear in administrative licensing,administrative planning,administrative adjudication,administrative expropriation,administrative approval and other related disputes.With the help of these typical judgment documents,we can basically outline the obvious differences in the attitude and position of the people’s courts at all levels in the process of handling and examining cases involving multi-stage administrative acts.Following the overall thinking of the case study of administrative law,this paper analyzes the logic of judicial review of multi-stage administrative act,and summarizes three representative review logic and judgment thinking: "all review theory of multi-stage administrative act","independent theory of multi-stage administrative act" and "actual influence theory of multi-stage administrative act".The second chapter is the basic connotation of multi-stage judicial review of administrative act.The first chapter is a formal description of the reality of multi-stage judicial review of administrative acts,while this chapter is an overall grasp of the basic connotation of multi-stage judicial review of administrative acts.This paper adopts the method of academic review,rethinks the traditional administrative law theory on the elements of multi-stage administrative act,objectively draws on and criticizes some classical views of different scholars at home and abroad on multi-stage administrative act,and then uses the definition method of element limitation to summarize it in three aspects: behavior subject,behavior appearance and behavior effect It reveals that we should clear the logical boundary of the multi-stage administrative act theory concept,effectively eliminate the blind spots and mistakes existing in the existing cognitive horizon,and then investigate the relationship between the first administrative act and the later administrative act in the aspects of content logic,effectiveness judgment and meaning direction,which roughly starts from "basis result","premise result" and "fact result" ”Three dimensions to explore the deeper concept of multi-stage administrative act.The third chapter is the extraterritorial investigation of multi-stage judicial review of administrative act.Through the analysis of some typical judicial documents made by our judicial organs in the process of multi-stage administrative act case review,this chapter provides an indispensable basic argument and thinking clues for the content of the multi-stage administrative act judicial review.This paper selects "inheritance of illegality of administrative act","subordinate problem" and "mature principle of litigation" as the core words to further explore and draw lessons from the academic views and experiences of other countries or regions in the world in dealing with the multi-stage judicial review of administrative act.The fourth chapter is the practical tension of multi-stage judicial review of administrative act.First of all,it is necessary to reasonably reform the obvious contradictions between the validity of administrative act and the inheritance of illegality of administrative act,so as to realize the integration of the two in the system of concept vision and effectiveness orientation between the administrative act law and the administrative relief law,and complete the content coordination and effect docking between the validity of constituent elements of administrative act and the inheritance of illegality of administrative act.Secondly,we need to pay attention to the continuity of the administrative process and legal norms to control it.The comprehensive requirements of the administrative process should not be one-sided to take a simple split and isolated review of the administrative acts at different stages of the process,but should comprehensively analyze the effect of the defects in the effectiveness of the first administrative act on the illegality of the later administrative act.Finally,generally speaking,the court pays more attention to the legality of the final administrative decision than to other administrative acts in the administrative process,which makes it difficult for the first administrative act to get substantive attention,which will undoubtedly directly affect the realization of the purpose of administrative litigation.The fifth chapter,the improvement of multi-stage judicial review system of administrative act.First of all,we should re-examine the judgment criteria and system functions of the validity theory of administrative act on illegal,invalid and other defects,so as to activate the clear meaning of the principle of administration according to law,and promote the mutual supplement between the validity theory of administrative act and the inheritance theory of administrative act illegality.Secondly,we need to focus on the process characteristics of multi-stage administrative behavior,sort out and compare the relevant substantive law norms such as administrative licensing and administrative planning,and clarify the content relevance and effectiveness transmission between the first administrative behavior and the second administrative behavior.Finally,the scope of accepting cases in multi-stage judicial review of administrative acts needs to be appropriately expanded with the help of the interpretation approach of generalizationism.On the basis of the existing norms and referring to the "objective merger of litigation" system of civil litigation theory,the content of litigation merger in administrative litigation procedure should be further improved to combine the first administrative act and the second administrative act It should be examined in a comprehensive and systematic administrative procedure.