| The system of invalid administrative action has not been established in China's written law yet, but the Supreme People's Court has made long-term exploration on it in individual cases and judicial interpretations based on the need of judicial review. Although the exploration did not use notions like "void ab initio" or "invalidation", it was actually practicing the basic contents and functions of invalid administrative action system.First of all, the substantive administrative action that can subsume case facts and legal effects could be used as criteria of judging fundamental actions in civil actions, if there existed mandatory legal provisions or agreements made by two parties. Secondly, in civil, criminal and administrative actions, the Supreme People's Court insisted that administrative action with great and significant flaws shall not restrict relevant judicial sentences, arbitration decisions and administrative actions. It also shall not restrict citizens, legal persons and other social organizations, and could not be enforced by judiciary. Thirdly, the Supreme People's Court discovered criteria for judging invalid administrative action, including obvious lack of substantiation, obvious lack of law and regulation basis, and other obvious illegal circumstances that damage legitimate rights and interests of persons subject to enforcement.The practice and exploration by the Supreme People's Court has formed a system embryo of invalid administrative action, and provided abundant materials for formal legislation in the future. Viewing from the exploring path of the Supreme People's Court and the categorization of great and significant flaws, we can find distinctive Chinese characteristics in the rules of invalid administrative action, and the significance of system generation and generating mechanism in judiciary. |
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