Whether an unreasonable administrative act will be unlawful

No. Unreasonableness is determined after discretionary review. The degree of illegality is even more serious, and there is no need to consider the reasonableness of administrative acts that are generally illegal; It is only in the case of lawful administrative acts that there is a need to further examine the issue of their reasonableness.

The main characteristics of administrative acts are: subordinate to law; discretion; unilateral volition; Validity prior to qualification; Mandatory.

Conditions for the legality of administrative acts: aThe subject of the administrative act is legitimate; b.Administrative acts shall conform to the scope of the administrative entity's authority; c.The content of administrative acts shall be lawful and appropriate; d.Administrative acts shall comply with legally-prescribed provisions.

Conditions for the invalidity of an administrative act: aThe administrative act has a particularly serious violation of the law or has obvious illegal circumstances; b.

Administrative acts in which the administrative subject is unclear or clearly exceeds the authority of the corresponding administrative subject; c.Administrative acts taken by administrative subjects under duress; d.The commission of an administrative act would result in a crime; e.

There are no administrative acts that could be carried out.

Legal consequences of the invalidity of an administrative act: The counterparty may at any time request the competent state organ to declare the act invalid; The competent authority may declare the corresponding administrative act invalid at any time; After an administrative act is declared invalid, everything obtained by the administrative entity from the administrative counterpart through the act shall be returned to the counterparty; All obligations imposed on them shall be abolished; Compensation shall be made for the actual losses caused to the other party.

Conditions for the revocation of an administrative act: adefects in the lawful elements of administrative acts; b.Administrative actions are inappropriate.

Unreasonable does not mean unlawful. The two are intersecting

Elements of legality of an administrative act: refers to the basic elements that should be possessed for an administrative act to be legally established and effective. Or rather, the conditions that should be met.

The so-called legitimacy of the subject means that the organization carrying out the administrative act must have the qualifications of an administrative subject. 1 Legitimacy of administrative organs 2 Legitimacy of personnel 3 Legitimacy of entrustment (2) Administrative acts shall conform to the scope of authority of administrative entities. It means that the subject of the administrative act must carry out the act of carrying out the administrative act within the scope of the statutory authority, and must comply with certain rules of authority.

The restrictions on administrative functions and powers are manifested in several aspects: restrictions on the jurisdiction of administrative matters, restrictions on the right to manage administrative territories, restrictions on the defense of time and jurisdiction, restrictions on means, restrictions on the degree, restrictions on conditions, and restrictions on the authority of delegation. (3) The content of administrative acts shall be lawful and appropriate.

This is the content element of an administrative act. The legality of the content of an administrative act means that the rights and obligations involved in the administrative act, as well as the impact or handling of those rights and obligations, should comply with the provisions of laws and regulations and the public interest. Includes several stuffy requirements:

Comply with the provisions of laws and regulations; Comply with the legal range and scope; The content of the administrative act must be clear and specific; The content of the administrative act must be appropriate; Administrative acts must be fair and reasonable. (4) Administrative acts shall comply with legally-prescribed procedures. The so-called procedure refers to the steps that must be taken to carry out an administrative act.

Procedure is the basic element of an administrative act, because the implementation of any administrative act must be manifested through a certain procedure, and there is no administrative act that exists outside the administrative procedure.

Article 70 of the Administrative Litigation Law of the People's Republic of China: In any of the following circumstances, the people's court makes a judgment to revoke or partially revoke an administrative act, and may make a judgment that the defendant take a new administrative act: (1) The main evidence is insufficient; (2) Applying laws or regulations in error; (3) Violating legally-prescribed procedures; (4) Exceeding authority; (5) Abuse of authority; (6) Clearly improper.

1. Is the administrative punishment for confirming the violation of the law valid?

If the administrative punishment is confirmed to be illegal, the administrative punishment is invalid after the administrative punishment for violating the law in transportation is revoked, and the victim may apply for state compensation if the loss is caused by the illegal administrative punishment.

2. Relevant legal provisions

Administrative Punishment Law of the People's Republic of China

Article 6: Citizens, legal persons, or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally giving administrative punishments, they have the right to demand compensation in accordance with law.

Administrative Reconsideration Law of the People's Republic of China

Article 28 The organ responsible for legal work of the administrative reconsideration organ shall examine the specific administrative act made by the respondent, put forward opinions, and make an administrative reconsideration decision in accordance with the following provisions with the consent of the person in charge of the administrative reconsideration organ or after collective discussion and approval:

1) Where the facts ascertained in the specific administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedures are lawful, and the content is appropriate, the decision is to be sustained;

2) Where the respondent does not perform its statutory duties, it is decided that it shall perform within a certain period of time;

3) In any of the following circumstances, a decision is made to revoke, modify, or confirm that the specific administrative act is unlawful; Where a decision is made to revoke or confirm that the specific administrative act is unlawful, the respondent may be ordered to make a new specific administrative act within a certain period of time

1.The main facts are unclear and the evidence is insufficient;

2.The basis for application is wrong;

3.violating legal procedures;

4.exceeding or abusing authority;

5.The specific administrative act is clearly improper.

4) Where the respondent fails to submit a written reply in accordance with the provisions of Article 23 of this Law, or to submit evidence, basis, and other relevant materials for the specific administrative act at the time of the application, it shall be deemed that the specific administrative act has no evidence or basis, and a decision shall be made to revoke the specific administrative act.

Where the administrative reconsideration organ orders the respondent to make a new specific administrative act, the respondent must not take a specific administrative act that is the same or basically the same as the original specific administrative act on the same facts and grounds.

The above knowledge is the answer to the relevant legal questions, the administrative punishment is confirmed to be illegal, after the administrative punishment of the violation is revoked, the administrative punishment is invalid, and the victim can apply for state compensation if the loss caused by the illegal administrative punishment. If you need legal help, you can continue to consult, and a professional lawyer will answer for you.

Legal analysis: the administrative punishment is confirmed to be illegal, and after the administrative punishment for the stove is revoked, the administrative punishment is invalid, and the victim can apply for state compensation if the loss is caused by the illegal administrative punishment.

Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:

1) The actor has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

1) An administrative act that is confirmed to be invalid does not have legal effect from beginning to end, that is, it not only loses its legal effect backwards, but also does not have legal effect from the beginning. The state altered by the administrative act shall, as far as possible, be restored to the state in which it was before the administrative act was taken. (2) The administrative counterpart may not be bound by the administrative act, and may decide on its own not to perform the obligations set by the act, and shall not bear legal liability.

At the same time, the administrative counterpart may also raise an objection to the administrative act at any time after it is taken, and apply to the competent authority for review, and the consequences of the invalidity of the administrative act need to revoke the administrative act as required. (3) The competent state organs, such as the power organs, judicial organs or administrative organs and their higher administrative organs, may at any time examine and declare the corresponding administrative acts invalid.

Article 75 of the Administrative Litigation Law of the People's Republic of China: Where an administrative act has a major and obvious violation of the law, such as the implementing entity not having the qualifications of an administrative entity or having no basis, and the plaintiff applies for confirmation that the administrative act is invalid, the people's court shall make a judgment confirming that the administrative act is invalid. Article 76 of the "Administrative Litigation Law of the People's Republic of China": Where a people's court makes a judgment confirming illegality or invalidity, it may concurrently make a judgment ordering the defendant to take remedial measures; and where losses are caused to the plaintiff, a judgment is to be made in accordance with law that the defendant with the losses bears liability for compensation.

Answer]: Illegal administrative acts refer to the conduct of the subject of administrative legal relations that violates the norms of administrative law, infringes on administrative relations protected by law, and causes a certain degree of harm to society, but does not constitute a crime. Improper administrative acts mainly refer to the misconduct of the administrative owner, which is specifically aimed at the unreasonable exercise of administrative discretion.

The distinction between illegal and improper administrative acts is linked to the distinction between restraint and discretionary acts. Administrative violations can be aimed at both restraint and discretionary acts, and are mainly directed at restraint acts; Improper administrative acts, on the other hand, are based solely on discretionary acts.

Illegal acts constitute illegal administrative acts, and unreasonable administrative acts are unfortunate administrative acts. Broadly speaking, an improper administrative act is also an illegal administrative act, because it violates the basic requirements of administrative law for legality and reasonableness. In a narrow sense, the type of improper administrative act is a flawed behavior that is premised on administrative legality and alongside administrative violations.

It should be derived from the concept of illegal administrative acts and improper administrative acts.