Research On Judicial Application Of Illegality Inheritance Of Administrative Act

With the complexity of social issues,many administrative acts present a multi-stage,compound situation.At this point,a question that arises in judicial practice is whether,if the antecedent act is illegal,the court can review the legality of the relevant antecedent act when hearing the alleged act,on the basis of this,we can confirm the violation of the law or set it aside.This phenomenon is called "illegality inheritance of Administrative Act".In 2018,the "Fanlongdui case" retrial judgment is the first time that the Supreme Court of our country formally mentioned "illegality inheritance" and gave a positive explanation to the judgment standard of its occurrence.This paper studies the judicial application of illegality inheritance of administrative act in our country by means of statistics of group cases and analysis of typical judgment reasons,combined with the argument of academic circle,with a view to analyzing the current situation of China’s judicial construction of the rules.The author divides the text into five parts:The first part: through the analysis of the Supreme Court "Fanlongdui case",the introduction of the "illegality inheritance" theory related to the dispute,and then from the judicial practice to extract the criteria of illegality inheritance.The second part: clarify the theory of illegality inheritance related to the concept of a brief analysis of its problem framework and this article to be adopted by the problem area.Through our current judicial interpretation of the text,looking for China’s administrative law system level of illegality inheritance theory reflected.The third part: through the group case data summary and the typical judgment reason analysis,studies our country judicial practice to "illegality inheritance" the attitude and the respective Judgment Gist,discusses under the Judge Angle of view this theory judgment standard and the boundary,it also analyzes the judge’s choice of the examination mode of the Antecedent Act.The fourth part: carries on the administrative law science theory and our country system level analysis,this paper studies the theoretical disputes between "illegality inheritance" and five aspects of our country’s legal stability,the public power of Administrative Act,the disputable nature of antecedent act,the system of administrative invalid act,and the power distribution theory of organization law,through the legal principle and the logical level demonstration,explores the related dispute settlement pattern.The fifth part: after summarizing and analyzing the theory and practice mentioned above,the author tries to construct the rule of "illegality inheritance" from the perspective of our country.In this part,the author will study the applicable standard of "illegality inheritance" and the circumstances of excluding it,and determine the mode of examining the legality of antecedent act.