Administrative Confirmation

Our administrative confirmation decision is formed and developed in administrative proceedings. Administrative procedural law did not stipulate this decision form. Along with administrative trial practice development, there were concrete administrative action illegal what is not suitable the cancellation decision. Therefore it is needed to make with a clear goal decision. This is the direct agent of the establishment of administrative confirmation decision system. Confirming legitimate or the effective decision seriously depart from administrative proceedings goal and lawsuit principle; because lag of administrative procedure legislation , The present legislation lacks the administrative action invalid stipulation, causes the confirmation invalid decision can not be correctly used in practice; confirmed the illegal decision applicable scope is too narrow, also is disadvantageous to realize judicial relief to the administrative relative person.Therefore we should unify the goal and objective of the administrative proceedings, profit from the domestic and foreign experiences. Our country should cancel the existing confirmation and effective decision, we should expansion rejects the lawsuit request decision the applicable scope and establish confirms the legal relationship decision, when confirm the administrative action is invalid. we should take "the obvious significant slight defect" as the standard. we must bring the illegal fact behavior into the scope of confirmation illegal decision.