| The Administrative Procedure Law of the People's Republic of China (APL) prescribes at article 54 (2) that, a specific administrative act should be annulled or partially annulled by judgment, if the act has been undertaken in one of the following five circumstances: a. inadequacy of essential evidence; b. erroneous application of the law or regulations; c. violation of legal procedure; d. exceeding authority; or e. abuse of powers. This closed legislative model has led to great difficulties to judicial interpretation and later legislation. For example, if an act is made without any legal basis or its content violates a law, which one of the five circumstances should the act be classified into? In fact, the statutory circumstance for annulling of a specific administrative act is just a guide to judicial review, not a control. For this reason, the classification of annulling circumstances should be based on the classification of legal norms, and take an open legislative structure. According to their different functions, administrative legal norms can be roughly classified into evidential norms, procedural norms, substantive norms (including organizational norms and conduct norms), interpretative norms and applicative ones. Violating different kinds of norms means different modes of lawbreaking, which constitutes the basic requirements of annulling a specific administrative act. In future, when amends APL or makes the Administrative Procedure Act of the People's Republic of China (APA), another three circumstances should be added into the circumstances for annulling of a specific administrative act, where the act has no legal basis, the content of the act violates a law, or the act has other circumstances which will infringe the legitimate rights and interests of citizens, corporations or other organizations. |
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