Research On Judicial Review Of Administrative Organ Changing Administrative Act With Flaws

The administrative organs often change administrative acts with flaws in the administrative management activities.However,there are still some problems in the trial of such cases,and the definition of flaws is still unclear.Therefore,in order to solve the problems caused by the administrative organ to change administrative act with flaws better,it is of great significance to study the change of administrative act and its judicial review.The first part describes the situation of the court’s review of the administrative organ to change administrative acts with flaws.It can be concluded from the written judgment that the types of flaws recognized by the court according to the degree of flaws.It mainly contains slightly flaws that have not reached the level of revocation and flaws that require revocation.In addition,it also analyzes the the reasons that the court applies when determining different degrees of flaws.There are differences in the treatment of the same type of flaws.Then it analyzes the situation when the court review the “changing administrative acts”,including the review of whether there is a legal basis for this acts,the review of the protection of reliance interests,the choice of change methods in administrative procedures,the application of the due process principle,the review of limit time.And the court makes different judicial treatments based on different review intensities.When the revocation-type intensity review standard is adopted,the court will make a judgment to revoke the act.When the confirmation of illegal type intensity review standard is adopted,the court will make a judgement to confirms that the act is illegal.When the correction-type intensity review standard is adopted,the court neither revokes the act nor confirms that it is illegal.The second part describes the consideration based on the aforementioned review situation.Firstly,it analyzes the problems in the identification of administrative acts with flaws,including the differences in the identification of flaws and slightly illegal.And the appropriateness of reasons for the identification of different degrees of acts with flaws,including “not reaching the level of illegality”,“does not affect the rights of the counterpart”,“dose not affect the correctness of the entity processing”,etc.Then it analyzes the characteristics of judicial review,including the court]s judgment on the degree of flaws in administrative acts and the determination that administrative agencies should adopt different changes according to the degree of flaws.In addition,it focuses on the analysis of problems in the courts in reviewing such cases,including whether it is necessary to apply reliance interests and its specific application.There are differences in the review of administrative procedures regarding the time limit for administrative organs to make change,whether to apply the principle of due process and its specific application.The third part puts forward the direction that the court should develop when review this kind of cases.Firstly,it explains the construction of the standard for identifying flaws in administrative acts,including the degree of correct distinction between flaws and the related identification of flaws in administrative procedures.Regarding the review of changing act,it is believed that the value orientation in judicial review should first be clarified,including the construction of interest measurement standards,the consideration of the continuity of administrative actions,and the consideration of the degree of flaws in administrative actions.In addition,it analyzes the standard construction of the review of the protection of trust interests,including strengthening the theoretical study on the protection of reliance interests by judicial personnel,and unifying the applicable standards and procedural review standards for the protection of reliance interests.It also describes the change method selection review standard that the administrative agency should prudently exercise administrative revocation,make good use of corrections and other flaws to cure.In addition,it also mentioned that the method of establishing a time limit review standard,including setting different time limits for different defective administrative acts,clarifying the relationship between the principle of due process and statutory procedures in the application of the principle of due process,strengthening the discussion of the reasons for the judgment.