On The Illegal Inheritance Of The Pre-Administrative Act

IIWith the improvement of the division of labor of social organizations and the complexity of administrative work,the existence of compound administrative acts is becoming more and more common.A compound administrative act is an administrative act that has multiple stages of pre-administrative act and subsequent administrative act.Subsequent administrative acts often take the pre-administrative act as the basis and premise,and if the latter has illegal reasons,the question of whether the pre-administrative act can be disputed in the revocation litigation of the subsequent administrative act has not yet been uniformly determined in judicial practice,and the lack of judicial review of the pre-administrative act will lead to the inability to fully obtain relief for individual rights,the inability to substantively resolve administrative disputes,and the waste of judicial resources.In order to solve the above problems,the review of compound administrative acts needs to consider the illegal inheritance of the previous administrative acts.The theory of illegal inheritance advocates the inheritance of the illegality of the previous administrative act to the subsequent administrative act,in order to determine the validity of the latter.Judicial review of a pre-administrative act that already has legal effect would conflict with the theory of the effectiveness of the administrative act.In the face of the above theoretical dilemma,the legality and effectiveness of administrative acts can be distinguished,and in the case of the legality and effectiveness of administrative acts being judged together,the application of the theory may cause tension and conflict between substantive justice and the stability of the law,and will conflict with the public and certainty of administrative acts,but in fact,the legality and effectiveness of administrative acts should be treated separately,and the above theoretical dilemmas can be solved.On the question of how to apply illegal inheritance in litigation,since the purpose of the theory exists is for the purpose of rights relief,whether the theory is applied is in fact a measure of whether the public and certainty of administrative acts can be broken for the benefit of the parties.At the substantive law level,the application of pre-administrative acts of illegal inheritance needs to satisfy the behavior model in which there are two specific administrative acts with correlations,and the pre-administrative acts are illegal and cannot be sued because the period for prosecution expires.There are differences in the measurement criteria between the granting of benefit administrative acts and the burden of administrative acts on the issue of whether illegal inheritance is applicable,the former mainly judging which of the legal administrative principles and the trust protection principles in individual cases are more important,while the latter is to judge the importance of the principle of administration according to law and the principle of stability of the law.At the level of procedural law,the application of illegal inheritance must meet the conditions of the parties who voluntarily submit an application and fail to apply for revocation of the pre-administrative act within the litigation period without major fault,whether the pre-administrative act has a reason for violating the law,and comply with a certain applicable period.After the application of illegal inheritance to determine the illegality of the pre-administrative act,the illegality takes effect in the future from the time when the court determines that the pre-administrative act is illegal,and only affects the subsequent administrative act in the revocation lawsuit,and other administrative-legal relations are not affected.