Research On The Legal Issues Related To The Case Of Chenzhou Fanlongdui Mining Company Limited Prosecute The Ministry Of Land And Resources

With the development of diversified administrative methods in modern society,the division of labor of administrative organs is increasingly refined.Usually,a complete administrative act may be composed of multiple administrative ACTS,which in turn need to be completed by administrative organs in stages.In this way,a complete administrative act will be divided into two administrative ACTS.Initiated administrative behavior is controversial,if the administrative relative person choose to apply for administrative reconsideration to the authority,the administrative reconsideration organ initiated administrative act in the review,will also be involved in the first review of the legality of administrative act,and in the subsequent process of administrative litigation in court on the legality of the administrative act judicial review first.If there is no dispute over the prior administrative act,and the administrative counterpart claims that the prior administrative act is illegal,can the administrative reconsideration organ and the people’s court examine the legality of the prior administrative act and cancel the subsequent administrative act? The theory of illegality inheritance arises at the historic moment,which extends the illegality of prior administrative ACTS to the legality of subsequent administrative ACTS and realizes the examination of prior administrative ACTS.When an administrative reconsideration organ conducts an administrative act after the examination,it will first involve a procedural problem,whether the time limit for the administrative counterpart to apply for administrative reconsideration is reasonable.In order to protect the administrative counterpart from fully exercising his own rights and protect his legitimate rights and interests,the administrative review organ must reasonably determine the time limit of the application for reconsideration.State at the same time,if the first administrative action is illegal,and is caused by illegal administrative act,so to withdraw or change initiated administrative act,the administrative reconsideration organ,a people’s court must take into account trust benefit protection,reasonable that the administrative relative person’s trust foundation,the exercise of power change carefully,in order to reach a reasonable and convincing the administrative relative person.