| The judgment of administrative affirmation judicially drawn by the Supreme Court exists some problems. The validity of administrative act is strickly related to the judgment of administrative. Thus, the problems of affirmation judgment has direct relations with such basic conception of administrative act as its establishment,taking effect,legality,invalidity which are indefinit theoretically. The judgment of legality affirmation and validity affirmation goes against the principal of no trail without complaint as well as the object of adminiatrative litigation. The problem reflects the misplacement of rule of law principal in a deep level and is the biggest problem of affirmation judgment at present. The judgment of dismissing a suit should be applied to replace the judgment of legality affirmation and validity affirmation."The Judicial Interpretation On Administrative Litigation Law"confuses the basic conception of inexistence and invalidation of administrative act by considering both them to judgment of invalidity affirmation. The contradiction of invalidity administrative act in legislation between"Adminiatrative Punishment Law"and"Judicial Interpretation On Administrative Litigation Law"put judge into a dilemma, that is whether to use judgment of repeal or judgment of invalidity affirmation during the processing. |
