Research On The Judicial Review System Of Confirming Invalid Administrative Act

The judicial review system of confirming invalid administrative act is a judicial remedy system for the administrative act with very serious and obvious defects,and it is the invalidation of the major illegal act by the people’s court.First of all,the concept of invalid administrative act was born to the traditional continental law system countries,on the basis of continental law system related theory,invalid administrative act is the most serious defects of administrative act,one of the biggest law degree and the behavior even appearance shows the specific administrative act,but it does not produce any legal effect,can be seen as does not exist;At the same time,the administrative counterpart may claim its invalidity in any relevant proceedings at any time.From the theoretical point of view,the principle of limited public judgment and the system of civil right of resistance have constructed the theory of invalid administrative act,which has produced fruitful fruits on the soil of administrative rule of law in civil law countries such as Germany and France.The administrative courts of these countries have established the theory of invalid administrative act according to the federal administrative procedure law and relevant theories of invalid administrative act.To hear a series of administrative cases in which the relative person sued the administrative subject and claimed that its administrative act was invalid,so that the administrative act in the uncertain state of effectiveness was determined,and the substantive rights of the administrative relative person were protected according to law,and played the role of settling and ending disputes.Since China formulated the Administrative Procedure Law in the late 1980 s,there was no relevant judicial review system for confirming invalid administrative acts.It was not until the new Administrative Procedure Law was amended a few years ago that the judgment system for confirming invalid administrative acts was established at the legal level.But confirm the establishment of the invalid administrative act judgment does not represent the country had built up the perfect confirmed invalid administrative act judicial review system,because of the need to establish a lawsuit system,need other supporting related litigation system,but our country’s confirmed invalid administrative behavior decision a lot of deficiencies in the system of form a complete set.As a new system,there are still many questions to be answered about how to understand the theoretical research problems and how to properly apply the judicial review system to judicial practice.At present,the author thinks that the thesis of judicial review system of confirming invalid administrative act can be studied from two aspects: firstly,on the theoretical level,the theoretical basis of invalid administrative act and the difference between it and other related concepts should be studied.Secondly,at the level of judicial practice,it should be further in line with the reality and solve the prominent problems encountered in judicial practice,including but not limited to the identification standards of invalid administrative acts,the time limit for prosecution,the procedures for the people’s court to accept invalid cases and the procedures for hearing and adjudicating invalid cases,the retroactivity of invalid cases and other issues.Only by combining the theoretical and practical problems,analyzing and solving the problems,and putting forward perfect countermeasures,can the judicial review system of invalid administrative acts be comprehensively analyzed and confirmed.This article attempts through the collection,analysis and comparison of the works upon confirmation of invalid administrative act judicial review at home and abroad research situation on the thesis,in reference to our country civil law provisions on invalid civil behavior,through the analysis of related domestic case,summary confirmed invalid administrative act judicial review system in our country,And to the future development of the system to make the corresponding suggestions.