Study On The Consistency Of Administrative Acts

With the increasing complexity of administrative activities,the specialized and staged division of functions has become the norm in the administrative field.However,another aspect of the stage-based administrative power is the partial absence of stage-based rights relief.In the existing legislative framework and judicial practice,it is usually based on the principle of name-calling to determine whether an administrative act is actionable or re-considerable.Therefore,in the multistage administrative procedure consisting of several administrative acts with external effect,if the interested party believes that the prior act infringes on his or her own rights and interests,it can only go forward and claim relief on the previous act itself.And in a multistage administrative act made with the participation of a number of administrative organs,the prior act as an administrative internal act is not covered by the general litigation and reconsideration system because of its "not being named".In recent years,the Supreme People’s Court has established the rules of administrative illegality inheritance,partial reconsideration and action of administrative internal acts,partial action of procedural administrative acts,etc.through the trial of some typical cases such as case of “Fanlongdui”,which provides the possibility for the challenge to prior act.Although these practical breakthroughs are of great significance,they cannot be widely applied to multistage administrative activities,and they have failed to incorporate the normative prior act into the stably viewable and controllable track.In other words,limitations are clear.The theory of consistency of administrative acts is based on the characteristics of the operation of administrative power,which means that when the administrative subject pursues the same administrative purpose and legal effect and commits several acts,the act made after needs to be consistent with the act made in advance.The consistency of administrative act makes it impossible for the decision-making organs of the latter to ignore the illegality and defects of the prior act,so as to avoid the unnecessary possibility of breaking the law.The consistency requirement of administrative act is based on the theory of administrative self-control,the theory of authority and the theory of trust interest protection.And it is valuable in improving the administrative efficiency of government,protecting the legitimate expectations of interested parties,and realizing judicial economy.Consistency shall be the principle while inconsistency be the exception.The consistency of administrative acts has a variety of forms,mainly including "multi-subjects/multi-procedures/multi-acts","multi-subjects/one-procedure/one-act","multi-subjects/one-procedure/one-act".Furthermore,to verify the consistency,we could examine the justification process of later act to prior act,by learning from theories relating to coherentism in legal reasoning.Meanwhile,in order to avoid rigid application of consistency requirements,exceptions must be provided,including when the prior act violating the law significantly and obviously,and when the prior act is weak-binding.