Application Of Judicial Review And System Improvement Of Administrative Illegality Succession

In administrative legal relations,the long-term prevalence of administrative behavior theory and isolated static administrative law concept,legal stability and guarantee the efficiency of administrative power,so that the role of the administrative power of the party relative to the administrative organs are always in a very weak party.With the modernization,complexity and dynamism of the administrative legal relationship,the phenomenon of infringement of citizens’ rights by multi-stage,multi-body and multi-procedure administrative acts with associated relations has become more and more frequent,such as urban and rural planning,housing expropriation,administrative license,tax penalties and other fields.It is true that China’s "Administrative Procedure Law" after three editions,in the scope of the case,the prosecution period has been much relaxed,but the administrative acts involved in the relationship between the many subjects involved,the behavior of the long period,the infringement of high concealment and very special.Under the current legal framework,the final administrative act itself is not defective,but the prior administrative act is defective,only in the field of administrative licensing has clear provisions.In the absence of a unified and clear legal basis and operational norms,such disputes often have completely conflicting paths and contradictory results,which is extremely detrimental to the private remedy,the administrative power of public authority,and the credibility of public authority judicial decisions.At present,the practice community tends to avoid the posture,requiring separate relief between disputes,supplemented by the suspension of litigation and other procedures.In terms of related administrative acts,the administrative act theory under the dispute relief separately,the administrative process theory is concerned about the overall connection,the latter is more helpful to solve the efficiency of such issues and the search for justice.The problematic administrative process theory can help to correctly view the related administrative acts of dispute,while the imported administrative act of illegality succession can provide a systematic solution path.Theoretically,administrative succession of illegality has been gradually recognized,and the practical community has explored and gradually applied the succession of illegality,which shows the value of the existence of succession of illegality.The application of some areas of administrative power litigation does provide a reference for ideas,but the real realization of "extraterritorial law theory,Chinese application" still needs to be worked on.What are the criteria for determining affiliated administrative acts? What is the scope and scale of the application of illegality succession? How to reconcile the contradiction between the existing legislation on prosecution and jurisdiction if it can be reviewed? Does the decision need to be responsive to those who are not "the case" ? Questions such as these have not yet been answered uniformly and clearly.There is still work to be done in order to achieve systematic judicial application in China.The author follows the approach of "introduction of concept-analysis of individual cases and similar cases-case review and demonstration of the feasibility of the jurisdiction-prospect of system improvement".The author follows the idea of "introduction of the concept-case and case analysis-case review and demonstration of the feasibility of the jurisdiction-prospect of improving the system" and uses literature research,comparative law research and case analysis to propose how to improve the Chinese application system of the doctrine of succession of illegality from the judicial perspective,mainly based on the doctrine of succession of illegality of administrative acts and supplemented by related theories.What this paper explores and pursues is not to pursue the succession of illegality of administrative acts in the related administrative acts,but to explore the innovation in the existing legal provisions and judicial review mode under the circumstances of clarifying the applicable objects and improving the applicable standards,and to seek a balance between the conflicts of values such as the maintenance of public power of administrative organs and the relief of the rights of administrative relatives,substantive justice and procedural justice.