Research On Judicial Review Model Of Associated Administrative Actions

With the rapid development of human society,the social structure is further divided and the division of social labor is more sophisticated.The previous administration model of single administrative agency and fixed procedure was awkward by the increasingly complex and diversified social demands.The implementation of a specific administrative action requires cooperation among multiple administrative agencies in different stages and via multiple procedures.Driven by this trend,various administrative agencies have shown different participation methods during their cooperation and their actions reflect relevance to some extent.It is this kind of relevance that makes administrative disputes more complicated,and imposes new problems for the theoretical research of administrative law— can the illegality of related administrative actions be inherited in the accused administrative action litigation? There is no clear stipulation on this issue in the current legal system in China so that the judging modes of different courts vary from one to another.Therefore,it is undoubtedly of far-reaching practical significance to carry out in-depth research on the judicial review modes of related administrative acts.Centering on review method,review standard,review conclusions,and judging method,four review modes have been roughly developed in the trial practice and have shown the judgment tendency with "illegal truncation as the basic principle and illegal inheritance as the exception".Each of these four modes has its imperfectness,and the judgment tendency reflected by judicial review practice also has an unfavorable effect on the protection of the rights and interests of counterparts.With a careful study on the formation of judgment tendency,it is no doubt relevant to the value conflicts and interest disputes of the parties involved in the litigation.The judicial review model of related administrative acts should be on the basis of the revision of its connotation and extension,master the differences of related administrative acts in the external manifestations,and further realize the categorization of related administrative acts,reconstruction review mode matched with difference types of related administrative actions.For the review method of the related acts of subordinate relationship adopts a review mode of joint review,selecting general review as review standard,no evaluation in the judgement and illegal inheritance as the review conclusion.For the related actions of parallel relationship,the review mode adopts one of joint review,evidence review plus general review,no evaluation,and illegal inheritance.For the related actions of independent relationships,the review mode is applicable to joint review plus separate review,substantive review,clear evaluation,illegal inheritance for general violations and illegal truncation for minor violations.In this way,we cannot only maintain modest nature of the judicial power but also enhance the supervision over the administrative power,and further head for more sophisticated jurisdiction so as to better protect the legal rights of the administrative counterparts.