Judgment Criteria For The Succession Of Administrative Acts Of Illegality

With the complexity of social affairs and the specialization of the functions of administrative organs,multiple administrative acts jointly carry out administrative management activities gradually become popular,and multi-stage administrative acts keep appearing and enter the vision of judicial review.The problem of succession of administrative act illegality emerges.In the case of multi-stage administrative act,the court can review the prior act and revoke the subsequent act on the grounds of the prior act being illegal when the case meets the criteria,which is the problem solved by the judgment standard of administrative act illegality succession.After analyzing the two bulletin cases of the Supreme People’s Court,it can be seen that the judgment standard of illegality succession is not clear in the current judicial practice.The continuous emergence of relevant cases has forced our courts to face the problem of illegitimate succession directly in the absence of mature theoretical research and direct legal provisions.For one thing,there are precedents in judicial practice that establish the criteria for judging illegitimate succession from the prior acts themselves,such as the public determination,actionability and legality of the prior acts.These courts look at the whole administrative process with static and fixed thinking,and do not establish the judgment standard of illegality succession from the correlation of each act in the multi-stage administrative act.Such thinking is influenced by the traditional administrative act theory,which makes a large number of acts associated with the sued administrative act not reviewed.Secondly,although some courts put forward the judgment standard of illegality succession from the perspective of the correlation between successive acts and take the idea of illegality succession,but their judgment of the correlation is too subjective and lack of citing the relevant substantive law to prove the correlation.The theoretical circles also have preliminary discussions on the criteria for judging the succession of illegality,but they can still be refined.The introduction of the administrative process theory can allow the court to comprehensively and dynamically examine the administrative activities involved in the lawsuit,focusing on the correlation between the acts,and correcting some of the courts from the prior administrative acts themselves to establish the judgment standard of illegality succession.After that,from the correlation of the substantive law,establish the judgment standard of the succession of illegality in China,that is,the legal order between acts,after the first act as the basis,after the first act is the constituent elements of the act.Finally,the newly established criteria for judging illegitimate succession were applied to practice and verified on a case-by-case basis.It can be found that the new standard is clearer and more operable,which is compatible with our local rule of law environment and can unify the adjudication position to a certain extent.