Research On Invalid Judgment In Administrative Lawsuit

The confirmation of invalid judgment is one of the new sentencing methods stipulated in 75 th of Administrative Procedure Law.The premise is that the plaintiff applies to confirm the administrative act is invalid,on the basis of the stipulation judgment standard for the existence significant and the obvious illegal situation,the 2018 year Supreme Court has carried on the concrete explanation to the important and obvious situation in the administrative Procedure Law Judicature explanation,carries on the specific situation to enumerate.However,the specific circumstances of the judicial practice are inconsistent and the enumeration does not cover all possible situations.Compared with the earlier establishment of this system in Germany,Japan and Taiwan,our country to confirm the judicial practice of ineffective sentencing system started late,in the legislation is also borrowed from the above-mentioned countries and regions of the system.However,there are still differences in the terms of prosecution,criteria and procedures with civil law countries and regions.Theoretically,the law stipulates that there is no clear stipulation on the period of prosecution,the burden of proof and the standard of judgment.In the judicial practice,the applicable standard of each district court is not uniform,so the result of judgment is different.For this reason,the author takes the case of Chinese referee document Network as an example to analyze the problems of confirming invalid judgment and put forward some perfect measures.The main body of this article is divided into three parts.The first part introduces the basic theory of confirming invalid judgment,including the connotation and theoretical basis of confirming invalid judgment.The second part,based on the specific cases,it is found that the problems of entity examination standards and procedural problems in the implementation of invalid judgments include the following problems: Entity review has no administrative subject qualification,no basis and significant and obvious illegality,no unified evaluation standard,etc.The problems of judgment procedure include limitation of deadline,lack of pretrial procedure and unclear plaintiff’s responsibility.The third part is to confirm the system of invalid judgment,mainly in the second part of the main points put forward suggestions.To confirm the perfection of the invalid judgment,we should perfect the legislation first,confirm the unified criterion and refine it,secondly,we should introduce the period of prosecution,increase the procedure before the lawsuit,and perfect the administrative lawsuit type.