The Cruxes and Outlets of the Illegal Inheritance of Administrative Act
In the multi-stage administrative act,the influence of the illegality of the preceding act on the subsequent act is defined as the illegality inheritance of administrative act.The judicial organs of China tend to hold a negative attitude towards the illegality inheritance of administrative acts,and then choose to cut off the illegality between successive acts.The crux of the illegal inheritance of administrative acts lies in the value conflict between the right relief and the stability of law,the unclear standard of the degree of illegality and the situation of being cured,the theoretical dispute between the public determination of administrative acts and the illegal inheritance,and the imperfection of the relevant judicial review system.Based on this,we can find a way to solve the problem by clarifying the orientation of the illegal inheritance of administrative acts,clarifying the standards,recognizing the essence of theoretical disputes and expanding and refining the relevant judicial review system.
illegal inheritancecriteriathe stability of lawjudicial review
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