论法院在民事诉讼中对行政行为合法性的审查

法院在审理民事案件过程中,当事人有时会对民事行为据以成立的具体行政行为的合法性提出异议。这样,具体行政行为合法性的确定往往成为民事诉讼审理和裁决的先决条件。对于这一问题如何解决,民事诉讼法和行政诉讼法均未作出明确规定,理论界和司法实务界也众说纷纭。法院必须走出在民事诉讼中不能审查具体行政行为合法性的观念误区,并对民事诉讼中具体行政行为的合法性进行审查。

Examination of Legalityo of Administrative Act in Civil Litigation by the Court

During the process of the a civil litigation the party may sometimes argue against the legality of specific administrative act on which a civil act is founded.So,whether the specific administrative act is legal or not becomes a prerequisite for the inquisition and finding of common pleas.But it has not been ordained in the Civilitigtion Law or the Administrative Litgation Law in China about how to solve the question.There are different opinions in both theory and judicial practice.It is held in this assay the court shrink from the wrong view that it can't examine the legality of specific administrative acts in a civil litigation;instead,it should have the authority to do with that.