| The multi-stage and procedural nature of administrative activities is an important feature of modern administration,and the administrative litigation system based on a single administrative act needs to adapt to this change.Especially in the case of expropriation compensation,"serial litigation" has become an important problem in administrative trial.The review of the preceding behavior reflected in the "serial litigation" of expropriation compensation cases has become an important task for the judiciary to respond to.In the case of expropriation and compensation,preposition behavior includes various forms,including pre-approval behavior which is internalized into internal behavior,process behavior because it is not final,and independent and actionable behavior with basis relationship.In administrative litigation,the requirement of accepting the case of "one act and one action",the unclear scope of accepting the case,the time limit of prosecution and the requirement of jurisdiction all set obstacles to the review of the preceding act.Compared with Japan,which USES the theory of illegality inheritance as an exception to remedy the right,China’s review of preposition behavior aims to promote the court to respond to the relevant behavior in the whole administrative activity on the basis of the review of the legality of administrative behavior,rather than to examine the preposition behavior only formally.Based on the typification of preposition behavior in expropriation and compensation cases,judicial review includes two paths.First,for the preposition behavior that is non-litigious,the court should respond to the preposition behavior when reviewing the administrative act of the lawsuit.As for the pre-approval behavior which is internalized as internal behavior,it should not only be used as the basis for the follow-up administrative behavior and only be examined in the form.In particular,when the pre-examination and approval of collective land expropriation compensation cases is substantive and decisive,the court should examine whether the pre-examination and approval has a significant and obvious illegal situation.Secondly,if the parties are litigating the preceding ACTS which belong to the scope of accepting cases,the subsequent ACTS should be suspended.If the party fails to bring a lawsuit against the preceding act,the court should not only make a simple formal basis for the subsequent act review,especially when the subject of the preceding act agrees with the subject,the preceding act should be examined with limits.If the preceding act has passed the time limit for prosecution.The significant and obvious illegal standard and the general evidence examination standard of the preceding act by the court accord with the current examination intensity of the preceding act,but with the development of the theory of the public determination of administrative act in China,the examination of the preceding act should be expanded from the invalid standard to the general illegal standard.The review of pre action in expropriation compensation cases is only a judicial response.Retroactive legislation,especially the compensation cases of collective land expropriation in China,still needs to be further sorted out in the legislative stage.The stage of legislation is not clear,and the way of relief is not clear,which will directly hinder the relief of rights. |
