论违法行政行为的分类、效力及其判决

On Illegal Administrative Acts' Classification, Effect and Judge ment

科学分类应当满足无漏、无交叉、易操作三个条件。与此对照 ,我国《行政诉讼法》对违法行政行为的分类是不妥的 ,科学的分类应当把违法行政行为分为主体违法、依据违法、程序违法和内容违法。在行政诉讼中应采用“诉讼停止执行原则” ,增加对瑕疵法律整体或局部不合法的确认或宣告判决 。

Scientific classification should satisfy three requ ir ements: no omission, no intersections and being flexible to be operated. In cont rast to these, the classification of administrative acts in current Chinese admi nistrative procedural law is unreasonable, and the scientific one should classif y the illegal administrative acts into the illegal activities of subject, basis, procedure and content. Furthermore, it accordingly analyzes the effect of illeg al administrative acts; it suggests that'Principle of Stopping Execution in the Lawsuit' should be adopted in administrative procedural law; it also suggests that the identification and court judgement to some unreasonable parts in law an d invalid administrative acts as well, should be strengthened.