Research On The Illegality Inheritance Of Administrative Acts

With the development of the times,administrative acts have become more and more complex,a complete administrative procedure or administrative purposes often need to go through multiple administrative stages and by multiple administrative organs to collaborate with each other to complete.In this process,the correlation between previous and subsequent administrative acts has become more and more close,which to a certain extent has changed the mode of a single administrative subject completing a single administrative act in the past,while the theoretical basis still adheres to the traditional theory of presumed force and the truncated theory of illegality in the context of a single administrative act,which to a certain extent hinders the path of seeking remedies when people’s rights and interests are damaged in related administrative acts.The demand for remedy is in conflict with the traditional doctrine of presumed force and the truncation of illegality under the traditional doctrine of presumed force.Administrative law scholars put forward the theory of "the illegality inheritance ",which simply means that the relator agrees to review the legality of the prior administrative act in the subsequent administrative act,and through the review of the result of its illegality to achieve the purpose of revoking the subsequent administrative act.This expands the scope of citizens’ rights and remedies,and to a certain extent helps to balance the relationship between substantive justice and legal certainty,especially when the prior administrative act infringes on the legal rights and interests of the relator,but it is impossible to file a lawsuit against it,and the subsequent administrative act itself is not illegal or defective,facing the "illegal non-actionable,actionable not illegal ",the relative in the dilemma of exhausting the rights of the remedy can not,I think,under certain conditions to recognize the administrative act of illegality of limited succession to alleviate the difficulties of the review of the prior act and to protect the legitimate rights and interests of the remedy has important significance.From the recent minutes of the Supreme Court can also be seen,China’s limited succession of illegality to the issue of inheritance of the affirmative attitude,but because there is no relevant laws and regulations to regulate and guide it clearly,so that people on the theory and application of the illegality inheritance has not formed a unified cognition and judgment,and the Supreme Court in the jurisprudence of the illegality inheritance of administrative acts of judgment standards are still debatable.The author summarizes the connotation,emergence and development of the theory of the illegality inheritance of administrative acts by sorting out and analyzing relevant cases and research results at home and abroad,and believes that the traditional theory of presumed force,the cure system and the independence of administrative authority are not the obstructive factors for the development of the theory of the illegality inheritance of administrative acts.The theory is of great significance to fill the difficulties in reviewing prior acts and the vacancies in the protection of rights and remedies.In order to bring into play the positive guiding effect of the theory of the illegality inheritance of administrative acts on the application of administrative judicial practice,we need to further refine and optimize the applicable rule system of the theory of the illegality inheritance of administrative acts.Starting from four key aspects,such as its scope of application,conditions of application,review standards and relief point selection,the author puts forward a shallow rule construction idea in order to promote the orderly application and development of the theory of the illegality inheritance of administrative acts in China.