Research On Judicial Review Of The Illegal Inheritance Of Administrative Acts In China

The increasing complexity of administrative activities has led to the phenomenon of multiple administrative actions being combined in stages to accomplish a particular administrative task."In the related administrative act,whether the illegal defects existing in the first administrative act can be inherited by the latter administrative act,and whether the court can carry out judicial review of the first act in the process of dispute over the latter administrative act" is summarized as "the illegal inheritance of administrative act".The phenomenon of illegal inheritance originated in Germany and the concept originated in Japan.China’s academic circles have discussed this later,but there have been cases of illegal inheritance related to administrative behavior in China’s judicial practice.For such cases,the trial path and judgment attitude of the judicial organs are different.By categorizing and analyzing 42 related cases,it can be seen that there are currently five different examination paths for such cases in China’s judicial organs.The main reason for the discrepancies in judicial review is that there are no clear provisions on this in our laws,there is no unified conclusion on the value conflicts and theoretical disputes behind the illegal inheritance problem,and the court has greater discretion.At present,there are still problems in the judicial review that the methods for reviewing the predecessors are different and the review standards are not clear.In the future,the premise of the application of illegal inheritance should be clarified that the predecessors are unrelated action related administrative acts,and there are other than obvious major violations of the law.For the flaws of illegality,and for the different logical relationships between successive acts,the examination path of “formal trial”,“evidence trial” and “substantial trial” should be adopted respectively to provide a unified judicial review standard for cases involving illegal inheritance.